Can you own your own face after you die?

Science · Published 20 October 2026 Swipe more like this →

In short: Personality rights transform your identity into a tradable asset. While the right to privacy protects your life, the right of publicity treats your name and likeness as property. This means your persona can be licensed, gifted, or inherited, creating a complex legal bridge between human dignity and commercial commerce.

Personality rights are generally categorized into two distinct frameworks: the right of publicity and the right to privacy. While privacy is the right to be left alone, publicity rights focus on the commercial exploitation of an individual's identity—including their name, image, and likeness. In many legal systems, these are treated as property rights rather than personal rights, which allows them to survive the death of the individual.

The legal philosophy behind these rights in the United States is divided. One utilitarian approach argues that granting property rights over a personality incentivizes economic creation. Conversely, a deontological approach views these rights as natural property rights, suggesting that every individual has an inherent right to control how their identity is commercialized by third parties. Because most commercialization involves commercial speech, it often receives the lowest level of judicial scrutiny.

Jurisdictional differences create a patchwork of protections. In common law systems, publicity rights often fall under the tort of 'passing off.' In contrast, civil law jurisdictions typically use specific civil code provisions to protect personal data and images. However, civil law systems often allow for broader exceptions regarding news and public figures, whereas many common law systems allow personality rights to be freely transferable through contracts, wills, or trusts.

Specific statutes illustrate how these rights are codified. For example, Ohio law (O.R.C. § 2741) prohibits the commercial use of a persona during an individual's lifetime and for sixty years after their death. A specific exception exists for members of the Ohio national guard or U.S. armed forces, whose rights persist for only ten years after death. These rules highlight the tension between protecting a person's legacy and the free flow of commerce.

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