Data collections are valuable. From customer preferences, to mailing lists, to profiles of individuals, many businesses have compiled databases of information about customers, website users or just individuals. Selling compiled information has become big business, and many companies are looking to monetize their information.

Some consumers have been unhappy with this development. Recently, several courts have addressed claims as to whether the right of publicity may restrict sale of personal information. The consensus seems to be that while mere inclusion of personal data in a database that is transferred does not violate the right of publicity, the use of small amounts of personal data to promote paid subscriptions or access to further information may well infringe.

Seventh Circuit ‘Huston’ Case