Publicity Right: Whether it should be Recognized in Thailand

Abstract

Abstract At present, celebrities in Thailand are being used broadly for commercial purposes without their consent. Thai existing laws such as defamation, passing off and copyright are insufficient to protect celebrities’ interests, especially, their economic interests. Accordingly, this article will study the right of publicity, which emerged and was separated from the privacy right in the U.S., in order to protect celebrities’ interests. In addition, the article will further explore other varying approaches in different countries such as the extended tort of passing off, misrepresentation and misappropriation of personality. Next, the publicity right will be emphasized as the best approach to protect celebrity rights. Then, it will discuss Thai existing laws before arguing that right of publicity should be recognized in Thailand. Moreover, this article will suggest some limitations of the publicity right in order to balance celebrities’ interests with the public interest.