Karya Ilmiah: “The Existence of Identity Value and Image Protection on Legal Frameworks of United States of America (US) and United Kingdom(UK)” Oleh: (1) Dr. Adnan Hamid, S.H., M.H., MM. (2) Adilla Meytiara Intan, S.H., LL.M.

ABSTRACT

This research aims to examine the existence of identity value and image protection along
with their commercialization by comparing legal frameworks between the United States of
America (the US) and the United Kingdom (the UK). The applied methodology is socio-legal
approach: Primary sources will be utilized to compare the Right of Publicity’s legal
framework in each chosen country, as well as secondary sources, which will be used to
develop this author’s understanding of the primary sources, will be crucial to answer the
research question. The result of this research stated that The Right of Publicity is a subset of
the Right to Privacy specifically guarantee individual to control the commercialization of his
identity while providing the remedy for unauthorized commercialization by a third party.

English courts and law explicitly dismissed any personality right moreover a general free-
standing Right of Publicity. The discussion of the Right of Publicity in the US behaves

towards the natural aspect of the right, whether to label the right as property or as personal
right. It can be concluded that, The United States approach overprotect the individual’s right
to control his identity by banning any commercial use of any characteristics which the public
can associate with. On the contrary, the UK still refuse to provide a name to protect the
appropriation of one’s identity.
Keywords: Right of Publicity, legal framework, identity value, commercialization