Delaware Right of Publicity — Picture and Name Release refers to a legal concept that safeguards an individual's right to control the commercial use of their name, image, and likeness. This right ensures that an individual has the exclusive authority to profit from their own personal brand and prevents others from exploiting their identity for financial gain without permission. In Delaware, this right is protected by specific laws and regulations aimed at preserving an individual's dignity, privacy, and economic interests. The Delaware Right of Publicity — Picture and Name Release encompasses various aspects and types that individuals should be aware of: 1. Statutory Protection: Delaware has specific statutes and laws that provide individuals with statutory protection for their right of publicity. These laws grant individuals the right to control the use of their name, image, likeness or voice for commercial purposes. 2. Consent Requirement: In Delaware, using a person's name or likeness for commercial purposes generally requires obtaining their consent or a signed release. This ensures that individuals have the power to decide how their image and name are used for endorsement, advertising, or other commercial endeavors. 3. Duration of the Right: The right of publicity in Delaware extends beyond an individual's lifetime. It continues to exist even after their death, allowing heirs or estate representatives to enforce and protect the deceased person's image and name against unauthorized commercial exploitation. 4. Exceptions and Fair Use: Delaware's right of publicity laws also consider certain exceptions and fair use cases. In situations where using an individual's name or image serves a legitimate public interest, such as in news reporting or artistic expression, there may be exemptions from obtaining consent. 5. Infringement Remedies: Individuals whose right of publicity has been unlawfully violated in Delaware may seek legal remedies, including both monetary and injunctive relief. This allows them to pursue compensation for damages resulting from unauthorized use of their name and likeness, as well as preventing further exploitation. 6. Digital and Social Media Considerations: With the rise of digital platforms and social media, Delaware's right of publicity also covers online contexts. Unauthorized use of an individual's picture or name on websites, social media accounts, or for online advertising purposes can be considered a violation of the right of publicity. Given the importance of an individual's right to control their own identity, Delaware's Right of Publicity — Picture and Name Release laws aim to balance the protection of this right while considering the legitimate interests of free speech, creativity, and public discourse.