Alternate Title
Name Your Price: How The Rise of Tiktok Influencers Reveals Weaknesses In The Right Of Publicity’s Protection Of The Commercial Value Of Name And Identity
Keywords
social media right of publicit, intellectual property, IP rights, IP policy, NIL, TikTok, influencer
Abstract
After TikTok's immediate success within the social media industry, many users have turned to their large followings on the app as a means of capitalizing on their own name, likeness, and identity. These influencers‚ now face various obstacles when attempting to assert their right of publicity. The right of publicity is entirely state-mandated, creating vast discrepancies in protection across state borders. More stringent regulations are needed regarding how one's right of publicity is legally protected against other TikTok users and third-party companies. TikTok's current Intellectual Property Policy does little to deter violations of a user's right of publicity; on the contrary, TikTok's Terms and Conditions function as a wide waiver of such right.
Recommended Citation
Melody Garzon, Name Your Price: How The Rise of Tiktok Influencers Reveals Weaknesses In The Right Of Publicity’s Protection Of The Commercial Value Of Name And Identity, 19 FIU L. Rev. 995 (2025), https://doi.org/10.25148/lawrev.19.3.19.
