right of publicity源自美國，係一種智慧財產權；有別於著作權、專利權、營業秘密，但性質上與商標權較為類似；不過，保護期間又與著作權雷同，可謂一種智慧財產權的綜合體。而right of publicity這個權利，本來就不易用中文詮釋，美國創設此權利時，並未料想到他國會將引進此權利或翻譯於該國之著述或用他國的語言介紹，所以有些概念或文章無法以中文完美詮釋，此乃美中不足之處。
State Right of Publicity Law Variances知名度法隨各州均有不同
Over half of U.S. states currently recognize the right of publicity via statute, under common law, or under a combination of both. But not every state that recognizes the right of publicity defines the right in the same way, however. For example, states vary in how long they allow the right of publicity to last after an individual’s death, and some conflate the right of publicity with other rights that afford similar protections, such as privacy rights.
美國超過半數的州承認知名度，不管係州成文法或習慣法，或係採雙軌保護。然而，並不是每一個州都以同一方式定義「知名度」；舉例來說：人死後知名度保護期間各州即有不同，同時有些州將知名度與其他權利合併一起而賦予類似保護，諸如隱私權。

Infringement of the Right侵害權利
Unauthorized commercial use of a protected aspect of a person’s identity is, generally, a violation of that person’s right of publicity. A violator may have a strong defense against unauthorized use, though, in a variety of contexts, including:
Consent: If the rights holder consented to the use of its identity, the right of publicity claim will usually fail
Newsworthiness: If the use is considered to be a response to the public’s right to know certain information, then the use of the identity is considered necessary and “newsworthy,” since the use is then not for commercial purposes
Artistic or Creative Works: Use for parodies, works of art, or other creative expressions is generally considered to be in the public interest and not an infringement of the individual’s right of publicity
Statute of Limitations: The statute of limitations for right of publicity claims varies by state
The rights holder should consider strategies to control the individual’s image to make it more difficult for an infringer to use without authorization, or more difficult for a user to successfully defend its use with the above justifications.

Remedies
If a rights holder can show a right of publicity violation, remedies may include monetary damages, injunctive relief, an award of the profits the infringer received from the use, or punitive damages for willful violations. A rights holder is generally not required to show proof of actual damages to succeed in a right of publicity claim, so liability for an infringer can be costly if the violation is proved, despite a lack of financial harm to the rights holder.