Maryland’s Approach to Protecting Publicity Rights

Maryland has established a comprehensive approach to protecting publicity rights, recognizing the importance of an individual's right to control the commercial use of their identity. Publicity rights allow individuals, particularly those in the entertainment and sports industries, to profit from the use of their names, images, and likenesses.

In Maryland, the protection of publicity rights is primarily guided by common law, which has evolved to incorporate elements of privacy and the right to publicity. This recognition is crucial in a state that is home to numerous public figures and celebrities whose identities are often exploited for commercial gain.

Maryland does not have a specific statute governing publicity rights, unlike some other states. Instead, the courts rely on established case law. Cases such as Hoffman v. Capital Cities/ABC, Inc. have highlighted the state's commitment to recognizing and protecting these rights, even in contexts where individuals may not be widely known.

One of the key features of Maryland's approach is that it recognizes both post-mortem rights and the capacity for individuals to transfer their rights to others. This is particularly significant for estates and heirs, allowing them to continue to profit from the likeness of a deceased individual. In Maryland, these rights can often last for a period of years after a person's death, enabling families to safeguard their legacies.

Furthermore, Maryland's courts have shown a willingness to adapt to new technologies and mediums. As social media and digital platforms become more relevant in the commercial landscape, legal interpretations are evolving to ensure that an individual's image or likeness is not used without consent in these spaces. This adaptability is essential in protecting publicity rights in an ever-changing digital environment.

Business owners and marketers in Maryland must navigate this legal landscape carefully. Unauthorized use of a person's likeness for advertising or promotional purposes can result in significant legal consequences. It is crucial for companies to obtain appropriate permissions and licenses when using a celebrity's image, to avoid infringement and potential lawsuits.

Moreover, Maryland encourages education and awareness regarding publicity rights. Workshops and seminars are increasingly offered to help individuals understand their rights and the implications of publicity laws. These efforts promote the idea that both public and private figures must consent to any commercial exploitation of their likeness.

In conclusion, Maryland's approach to protecting publicity rights is both proactive and responsive. By relying on common law principles and adapting to technological advancements, Maryland aims to create an environment where individual rights are respected and that the commercial use of identities is conducted ethically and legally. This careful consideration ensures that individuals in Maryland can maintain control over their identity and its potential for commercial exploitation.