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”).
- 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.