The Right to Publicity is a relatively new animal in the State of Alabama, as it was only established by statute (Ala. Code § 6-5-770 through 774) in 2015. At a surface level, the Right to Publicity is a person’s right to control their Indicia of Identity in the flow of commerce. The “indicia of identity” is defined as, “those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes.” Ala. Code § 6-5-771. This is commonly understood as someone’s “name, image, or likeness,” or “NIL” for short.

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