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”).
- 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
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