Fantasy Baseball First Amendment Rights

Certain state laws have created an intellectual property right known as the 'right of publicity,' protecting the rights of individuals to control the commercial use of their identities. The right of publicity differs from the 'right of privacy,' which is more generally understood to be a right of individuals to protect against the dissemination of private facts about themselves that can cause injury to personal feelings, such as embarrassment, indignity, and mental trauma. Although the right of publicity bears some relationship to trademark, copyright, misappropriation, defamation, and false advertising law, it is a distinct intellectual property right. McCarthy on The Rights of Publicity and Privacy ”1:1-1:8 (2007).