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

Common Issues:

  • Does the work or event contain an individual’s name, identity, or personality?
  • Does the commercial entity 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
  • Defending against individual and corporate charges of violations of another’s right of publicity

Click here to schedule a consultation to discuss your right of publicity issues.