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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From ETW v Jireh Publishing, 76 F.3d 743 (6th Cir. 1996) ETW claims that Jireh's publication and marketing of prints of Rush's painting violates Woods's right of publicity. The right of publicity is an intellectual property right of recent origin which has been defined as the inherent right of every human being to control the commercial use of his or her identity. See McCarthy on Publicity and Privacy, §1:3. The right of publicity is a creature of state law(13) and its violation gives rise to a cause of action for the commercial tort of unfair competition. Id. The right of publicity is, somewhat paradoxically, an outgrowth of the right of privacy. See McCarthy on Publicity and Privacy, §1:4. A cause of action for violation of the right was first recognized in Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866 (2nd Cir. 1953), where the Second Circuit held that New York's common law protected a baseball player's right in the publicity value of his photograph, and in the process coined the phrase "right of publicity" as the name of this right. The Ohio Supreme Court recognized the right of publicity in 1976 in Zacchini v. Scripps-Howard Broadcasting Co., 47 Ohio St.2d 224, 351 N.E.2d 454 (1976). In Zacchini, which involved the videotaping and subsequent rebroadcast on a television news program of plaintiff's human cannonball act, the Ohio Supreme Court held that Zacchini's right of publicity was trumped by the First Amendment. On appeal, the Supreme Court of the United States reversed, holding that the First Amendment did not insulate defendant from liability for violating Zacchini's state law right of publicity where defendant published the plaintiff's entire act. See Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977). Zacchini is the only United States Supreme Court decision on the right of publicity.