As societies become more complex in structure and resources, the need of formal or intentional distinction between published and unpublished worlds becomes evident. Work supports the contention that the process of forming opinions, influencing chain of events and decision making differs between published and unpublished realities

economic rights – guaranteeing author and copy rights owner have control over their work and remuneration for its use through selling or licensing

The right of publicity, commonly known as personality rights, is an essential concept that protects an individual’s identity from unauthorized commercial use. It refers to a person’s right to control the use of their name, image, voice, likeness, portrayal, or other unequivocal aspects of their identity. The right of publicity is crucial because it prevents others from exploiting an individual’s identity for their commercial gain without the individual’s consent

In the United States, it is acknowledged that a person’s name, voice, and likeness are legally protected. Similarly, Canada, Germany, and France also recognize the existence of personality rights. An individual has the exclusive right to authorize how their name, voice, signature, photograph, or likeness may be used. Therefore, any unauthorized commercial use of their identity without their consent is unlawful

Personality rights are considered property rights rather than personal rights because they are property interests that belong to the individual. Therefore, the validity of personality rights of publicity may survive the death of the individual. This means that even after an individual’s death, their estate may continue to have the right to control and license the commercial use of their identity

However, in UK law, one must rely on traditional intellectual property law since no specific legislation exists to protect personality rights. Nevertheless, this does not mean that individuals in the UK do not have any rights over the commercial use of their identity. They can still rely on other legal avenues such as trademark law, copyright law, and passing off to protect their identity from unauthorized commercial use

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and in some common law jurisdictions.The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is prejudicial to the author’s honor, reputation or anything else that may detract from the artist’s relationship with the work. Moral rights are distinct from any economic rights tied to copyrights

  • In United Kingdom and EU countries written and  artistic work is protected as soon as a work is created and lasts 70 years after the author’s death
  • In the USA from January1,1978 unpublished written and artistic work receive the same copyright protection as published and registered work. From the moment of its creation and gives it a term lasting for the author’s life plus an additional 70 years

encyclopædia britannica

published is not unpublished – plakats,1518&projects 2010