Right of publicity and statutory right of privacy (use of name or likeness)
OK Right of Publicity
Other · Marketing
Oklahoma protects against commercial appropriation of identity. A living person (and, under § 1448, the successors of a deceased personality) may sue anyone who knowingly uses their name, voice, signature, photograph, or likeness in products or advertising without prior consent. Uses in news, public affairs, sports, and political campaigns are exempt.
- Where
- Oklahoma
- Citation
- 12 O.S. §§ 1448-1449; 21 O.S. §§ 839.1-839.3
- Status
- In force
- In force since
- 1986-01-01
- Enforced by
- Private civil actions; district attorneys for the criminal misdemeanor (21 O.S. § 839.1)
- People can sue
- Yes
- Penalties
- Actual damages including attributable profits, punitive damages, and attorney fees and costs to the prevailing party (12 O.S. § 1449); knowing commercial use of a name or picture without consent is also a misdemeanor (21 O.S. § 839.1).
- Applies to
- Any person, firm, or corporation that uses another's name, voice, signature, photograph, or likeness on products or in advertising or solicitation
- Advertising media owners and employees are liable only with knowledge of the unauthorized use
Practices it requires
- Obtain prior consent (a parent's for a minor) before knowingly using a person's name, voice, signature, photograph, or likeness on products or for advertising or soliciting sales.12 O.S. § 1449(A) · Only if: News, public affairs, sports, and political campaign uses are exempt
- Obtain consent from the successors in interest before commercial use of a deceased personality's name or likeness.12 O.S. § 1448
- Do not use a person's name, portrait, or picture in advertising without consent (misdemeanor).21 O.S. § 839.1
Sources
- Official text
- Oklahoma Statutes Title 12 (complete title PDF, Oklahoma Legislature, compiled Dec. 2025), §§ 1448-1449
- Oklahoma Statutes Title 21 (complete title PDF, Oklahoma Legislature, compiled Dec. 2025), §§ 839.1-839.3
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Only the opening of § 1448 was read; its duration and successor provisions are not summarized. | 21 O.S. § 839.2 (civil remedy) and § 839.3 were seen only in the table of contents.
Research reference, not legal advice.