The Comparative Study of the Scope of the Publicity Right in the Legal Systems of Iran, and the United States of America

Document Type : Original Article

Authors

1 Department of Private Law. Faculty of Law and Political Science. Ferdowsi University of Mashhad. Mashhad. Iran.

2 Department of Private Law. Faculty of Law and Political Science. Ferdowsi University of Mashhad. Mashhad. Iran

10.22091/diplic.2025.14190.1028

Abstract

According to the majority of United States of America jurists, the right of publicity
is the right of every human to control the commercial exploitation of his or her own
identity. In this research, the authors intend to answer two basic questions. First,
what subject or subjects are covered by publicity right? Second, which persons have
this right? This article applying a descriptive-analytical and comparative method
seeks to answer the above questions in the laws of U.S and Iran. The results of the
study indicate that, based on the experiences of the legal system of the United States,
any identity attribute that causes identification of individuals falls into thematical
scope Celebrities and non-celebrities are protected and even their successors will
benefit from this financial right for a certain period of time. No Iranian law
recognizes this right expressly and only limited protection may be granted within
the existing provisions.

Keywords

Main Subjects

Insights of Intellectual Property Law in Islamic Countries
Volume 1, Issue 4 - Serial Number 4
December 2025
Pages 1-22

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