Right of Publicity

The right of publicity is an individual’s right to control the commercial exploitation of his or her name, identity, and general likeness/personality. Some states protect the right through statute; others have recognized it through judicial decisions (the “common law”).

Common Issues

  • Does an advertisement, creative work, event, etc. contain someone’s name, identity, or personality?
  • Does the creator have the individual’s permission?
  • Is the use commercial?
  • Do any statutory exceptions apply?
  • Does the First Amendment apply?
  • Is the right descendible?

Our Right of Publicity services include, but are not limited do:

  • Drafting license agreements for use of a person’s right of publicity
  • Stopping the commercial exploitation of a person’s name, likeness, or general personality through cease and desist letters and/or litigation
  • Defending against individual and corporate charges of violations of another’s right of publicity

Click here to schedule a consultation.

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