1. What Is the Right of Publicity?
The right of publicity generally protects an individual’s interest in controlling specified commercial uses of their identity.
A dispute may involve:
A photograph placed in an advertisement without permission.
A celebrity’s likeness appearing on unauthorized merchandise.
An athlete’s image used to promote a product.
A performer’s voice imitated in a commercial.
An influencer’s name presented as endorsing a service without authorization.
A deceased personality’s identity used commercially where applicable state law recognizes postmortem rights.
An AI-generated replica of a performer.
The existence of commercial value does not make every use unlawful.
Publicity rights must coexist with protections involving news reporting, commentary, criticism, parody, artistic expression, public affairs, copyright, trademark law, and the First Amendment.
The applicable state law determines where those lines are drawn.
2. What Does Name, Image and Likeness, or NIL, Mean?
NIL stands for name, image and likeness.
The term has become especially prominent in sports, endorsements, influencer marketing, entertainment, and personal-brand licensing, but NIL is not limited to athletes.
Commercially valuable NIL can include:
Names and nicknames.
Photographs and video images.
Voices.
Signatures.
Catchphrases.
Signature movements.
Other recognizable personal identifiers.
NIL may support endorsements, sponsorships, appearances, merchandise, licensing, advertising campaigns, social-media partnerships, and brand collaborations.
NIL should not be confused with a separately registered federal intellectual property right.
There is no USPTO “NIL registration.”
Instead, protection may arise through state publicity laws, trademark rights, contracts, and other applicable legal doctrines.
3. Is NIL the Same as the Right of Publicity?
The concepts overlap, but they are not identical.
NIL generally refers to the commercially valuable identity attributes themselves.
Right of publicity generally refers to legal rights protecting against certain unauthorized commercial exploitation of those attributes.
For example, an athlete’s name, photograph, voice, and recognizable appearance may form part of the athlete’s NIL.
State publicity law may provide a claim when those attributes are commercially exploited without authorization.
Trademark law may provide additional protection where the individual’s name, signature, catchphrase, or other identifier functions as a brand.
A contract may determine what a sponsor or licensee is permitted to do with that person’s NIL.
NIL protection is therefore often a combination of several legal rights rather than one standalone cause of action.
4. Is There a Federal Right of Publicity Law?
There is currently no general federal right-of-publicity statute creating one uniform nationwide personality right.
Federal law can nevertheless become extremely important.
Section 43(a) of the Lanham Act can prohibit qualifying uses that create confusion regarding affiliation, connection, association, sponsorship, or approval.
Unauthorized use of a person’s identity may therefore support a false endorsement or false association claim when consumers are likely to believe the person endorsed, approved, sponsored, or is otherwise affiliated with the defendant’s goods or services.
Federal trademark rights can also protect personal names, signatures, catchphrases, logos, and other identifiers when they function as trademarks.
Federal trademark law can therefore complement state publicity rights.
It does not replace them.
5. What Parts of a Person’s Identity Can Be Protected?
The answer depends on the governing state law.
Potentially protected attributes may include:
Legal names.
Professional names.
Stage names.
Nicknames.
Photographs.
Portraits.
Images.
Likenesses.
Voices.
Signatures.
Other recognizable elements of persona.
Different states use different statutory language.
For example, New York protects specified uses involving a living person’s name, portrait, picture, likeness, or voice.
Massachusetts uses narrower statutory language addressing a person’s name, portrait, or picture.
Other states may expressly protect additional attributes such as signatures or voices.
There is therefore no single nationwide checklist of protected identity characteristics.
6. Do You Have to Be Famous to Have Publicity Rights?
Not necessarily.
Many state laws protect people generally rather than limiting publicity rights to celebrities.
Fame may still affect important aspects of a dispute, including:
Commercial value.
Licensing value.
Damages.
Consumer recognition.
Whether consumers may perceive an endorsement.
The strength of related trademark rights.
Availability of certain postmortem rights.
An ordinary person should not assume that publicity protection applies only to professional athletes, performers, or celebrities.
7. What Counts as Commercial Use of a Person’s Identity?
Commercial use is highly dependent on the governing law and the context of the challenged use.
Potential commercial uses may include identity appearing:
In advertising.
On merchandise.
On product packaging.
In promotional materials.
In social-media advertising.
On a commercial website.
In sponsored content.
In marketing emails.
As part of an endorsement.
In a commercial campaign.
The fact that content generates revenue does not automatically make every identity use a prohibited commercial appropriation.
A documentary, news article, book, film, news program, or other expressive work does not necessarily become unlawful simply because consumers pay for access or advertising appears alongside it.
The relationship between the person’s identity and the commercial exploitation matters.
8. Is Every Unauthorized Use of Someone’s Image Illegal?
No.
Lack of consent does not automatically establish a right-of-publicity violation.
Potential defenses, exceptions, and constitutional protections may involve:
News reporting.
Public affairs.
Sports reporting.
Commentary.
Criticism.
Parody.
Satire.
Biographical material.
Artistic expression.
Incidental use.
Political communication.
Other protected speech.
The First Amendment is important in publicity-right disputes, but it is not automatically controlling in every case.
The correct analysis should examine the nature of the use, its commercial context, and the law of the applicable jurisdiction.
9. What Is the Difference Between Right of Publicity and Trademark Law?
The two areas can overlap but protect different interests.
Right of Publicity
Publicity law generally protects specified personal identity interests against unauthorized exploitation under applicable state law.
Trademark Law
Trademark law protects source-identifying words, names, symbols, designs, and other designations used in commerce.
A person’s name does not automatically become a trademark simply because that person owns the name.
Trademark rights arise when the designation functions as a source identifier for particular goods or services.
For example, an entertainer may use a personal name in connection with:
Entertainment services.
Personal appearances.
Merchandise.
Endorsement services.
Educational services.
That use may support trademark protection if the designation functions as a brand.
Trademark registration can therefore complement NIL protection.
Learn About Trademark Registration
10. What Is False Endorsement Under the Lanham Act?
False endorsement generally concerns conduct likely to make consumers believe that a person sponsored, approved, endorsed, or is affiliated with a product, service, or company when that relationship does not exist.
For example, a company might use a recognizable athlete’s image beside the statement:
“Officially recommended by…”
when the athlete has no relationship with the company.
That conduct may implicate both:
State right-of-publicity law.
Federal false-endorsement law.
The legal requirements are not identical.
A publicity claim may focus on unauthorized commercial exploitation of identity.
A Lanham Act claim focuses more specifically on whether the use creates actionable confusion regarding affiliation, sponsorship, approval, or association.
The same conduct can potentially implicate both bodies of law.
Learn About Unfair Competition
Learn About Trademark Infringement & Enforcement
11. What Is the Difference Between Right of Publicity and Copyright?
Copyright protects original expression.
Right of publicity protects specified interests in personal identity.
Those are separate legal rights.
Suppose a photographer takes a portrait of an actor.
Potential rights may include:
Photographer: Copyright in the photograph.
Actor: Potential publicity or NIL rights concerning commercial use of the actor’s likeness.
A business might obtain permission from the photographer to reproduce the image and still need appropriate authorization from the person depicted for a particular commercial advertising use.
The reverse can also occur.
The actor’s permission to use their likeness does not automatically transfer the photographer’s copyright.
Commercial campaigns should therefore determine:
Who owns the photograph or video?
Who controls the depicted person’s NIL?
What use was authorized?
Which media are covered?
How long does the permission last?
This distinction can be especially important in advertising, merchandise, influencer campaigns, celebrity licensing, stock photography, and entertainment promotions.
12. What Is the Difference Between Privacy and Publicity Rights?
Privacy and publicity rights can be related, but they protect different interests.
The right of privacy traditionally concerns protection against certain invasions of a person’s private life.
The right of publicity is more closely associated with commercial exploitation of identity.
The terminology can also vary by jurisdiction.
For example, New York’s statutory provisions addressing unauthorized advertising and trade use appear within an article historically labeled “Right of Privacy.”
A publicity claim should therefore be evaluated under the particular state statute or common-law doctrine rather than assuming that privacy and publicity mean the same thing everywhere.
13. How Does New York Protect Name, Image, Likeness and Voice?
New York has different statutory frameworks for living persons and certain deceased individuals.
Living Individuals
New York Civil Rights Law §§50 and 51 address specified unauthorized advertising or trade uses involving a living person’s:
Name.
Portrait.
Picture.
Likeness.
Voice.
The statute requires prior written consent for qualifying uses.
Available remedies can include injunctive relief, damages, and, where the statutory requirements are satisfied, exemplary damages for knowing violations.
Deceased Personalities
New York Civil Rights Law §50-f provides specified postmortem publicity rights for certain qualifying deceased personalities.
The statute applies only when its requirements are satisfied, including rules concerning domicile, date of death, commercial value, and the type of identity use involved.
Under the current statute, qualifying protection can extend for 40 years after death.
The statute also contains specialized provisions involving deceased performers and certain digital replicas.
For that reason, it is inaccurate to say broadly that every New York publicity right automatically passes to heirs after death.
The statutory requirements should be examined carefully.
14. How Does Massachusetts Protect Publicity Rights?
Massachusetts General Laws Chapter 214, §3A addresses specified commercial use of a person’s:
Name.
Portrait.
Picture.
without written consent.
The statute applies to qualifying uses within Massachusetts for advertising or purposes of trade.
Potential remedies include injunctive relief and damages.
Where the defendant knowingly engaged in prohibited conduct, the court may also have authority to award enhanced damages under the statute.
Massachusetts statutory language is narrower than some other state publicity laws because it expressly identifies name, portrait, and picture rather than an identical broader list of identity attributes.
That difference illustrates why publicity analysis should begin with the law of the relevant state.
15. Do Publicity Rights Continue After Death?
Sometimes.
There is no nationwide postmortem right of publicity with one uniform duration.
State laws differ substantially.
New York
Current New York law provides qualifying postmortem protection for certain deceased personalities for 40 years after death, subject to the statute’s eligibility and other requirements.
California
California provides qualifying statutory postmortem publicity protection for 70 years after death.
Other states may provide different:
Durations.
Protected attributes.
Domicile requirements.
Registration requirements.
Exceptions.
Transfer rules.
Some states may not recognize the same type of postmortem publicity right.
Where a deceased personality is involved, the analysis should begin by identifying:
Where the person was domiciled when they died.
When the person died.
Which state’s law applies.
What right is being asserted.
Who currently owns or controls the right.
Whether statutory registration or another condition applies.
16. How Do AI Voice Clones and Digital Replicas Affect Publicity Rights?
Artificial intelligence has made control of personal identity increasingly important.
Modern tools can create realistic:
Voice clones.
Images.
Videos.
Performances.
Avatars.
Digital doubles.
Synthetic endorsements.
A person may appear to recommend a product, perform a song, deliver a statement, or participate in a video even though the person never actually did so.
State laws are evolving in response.
New York, California, Tennessee, and other jurisdictions have developed or expanded protections involving certain digital replicas, synthetic voices, or AI-generated uses.
The legal analysis can depend on whether the person is living or deceased, the state involved, whether the use is commercial or expressive, whether consent exists, and the particular technology used.
AI should also be addressed directly in contracts.
A license authorizing use of existing photographs, recordings, or performances should not automatically be assumed to authorize creation of:
Synthetic performances.
Digital replicas.
Voice clones.
Generative AI images.
AI training datasets.
Future AI-generated content.
Those permissions should be addressed expressly where relevant.
17. Can NIL and Publicity Rights Be Licensed?
Yes, depending on the rights involved and applicable law.
Commercial NIL agreements may authorize use of:
Names.
Photographs.
Videos.
Likenesses.
Voices.
Signatures.
Catchphrases.
Personal appearances.
Digital avatars.
Merchandise.
Advertising.
Social-media content.
A well-drafted agreement should define the permitted uses precisely.
Relevant provisions may include:
Which identity attributes may be used.
Permitted products and services.
Media.
Territory.
Duration.
Exclusivity.
Approval rights.
Editing.
Advertising uses.
Merchandising.
Social media.
Sublicensing.
AI training.
Synthetic voice rights.
Digital replicas.
Post-termination use.
Existing inventory.
Compensation.
Royalties.
Generative AI makes this precision particularly important.
Permission to use an existing recording does not necessarily mean permission to create a new synthetic performance based on that recording.
Learn About IP Licensing Agreements
Learn About IP Agreements & Transactions
18. Can Unauthorized Merchandise Violate Publicity Rights?
Potentially.
Unauthorized merchandise may display:
An athlete’s photograph.
A musician’s likeness.
A celebrity’s name.
A performer’s signature.
An influencer’s portrait.
A recognizable persona.
But unauthorized merchandise should not automatically be described as counterfeit.
Counterfeiting is a more specific trademark concept.
Unauthorized merchandise may instead raise claims involving:
Right of publicity.
False endorsement.
Trademark infringement.
Copyright infringement.
Unfair competition.
Counterfeiting, where its particular requirements are satisfied.
For example, a shirt bearing an exact counterfeit of a registered celebrity brand may raise counterfeiting issues.
A different shirt using an unauthorized photograph of the same celebrity may instead involve copyright, publicity, and false-endorsement claims.
A strong enforcement strategy identifies each legal right separately.
Learn About Anti-Counterfeiting & Brand Protection
19. What Evidence Should Be Preserved When Identity Is Misused?
Potential publicity-right violations should be documented before the content disappears.
Useful evidence can include:
Screenshots.
URLs.
Advertisements.
Videos.
Social-media posts.
Product listings.
Physical merchandise.
Product packaging.
Receipts.
Emails.
Promotional campaigns.
Influencer posts.
Sales pages.
Statements implying endorsement.
Dates of publication.
Audience reach.
Pricing.
Evidence of commercial use.
Evidence of the person’s own commercial identity can also matter.
Examples may include:
Endorsement agreements.
Historical licensing fees.
Appearance fees.
Merchandise agreements.
Sponsorships.
Trademark registrations.
Revenue associated with the personal brand.
Where AI-generated content is involved, preserve the actual synthetic image, video, or voice recording together with the surrounding representations.
Content can disappear quickly after a complaint is made.
20. Can You Send a Cease-and-Desist Letter for Unauthorized NIL Use?
Yes.
A cease-and-desist letter can identify:
The individual’s rights.
The challenged use.
Why authorization was required.
The applicable state law.
Trademark or false-endorsement rights.
Copyright claims where applicable.
Requested removal.
Merchandise removal.
Termination of advertising.
Preservation of evidence.
Accounting requests where appropriate.
Confirmation of compliance.
The legal analysis should come first.
Not every unauthorized depiction is actionable.
Before asserting a claim, counsel should consider:
Which state’s law applies.
Whether the use is commercial or expressive.
Newsworthiness.
First Amendment protection.
Copyright ownership.
Trademark rights.
Consent.
Existing licenses.
Contracts.
Whether the use is incidental.
The identity of the person depicted.
The remedy being demanded.
A demand letter should rely on the legal rights actually available rather than use “right of publicity” as a generic objection to every unwanted use of a person’s identity.
21. What Remedies May Be Available?
Available remedies depend on the state law and legal claims asserted.
Potential remedies may include:
Injunctive relief.
Actual damages.
Defendant profits where authorized.
Statutory damages in some jurisdictions.
Enhanced or exemplary damages under particular statutes.
Attorney’s fees where authorized.
For example, California, New York, and Massachusetts each provide different remedial frameworks for qualifying identity-use violations.
A Lanham Act false-endorsement claim carries a different federal remedial framework.
Copyright claims may carry another.
The appropriate remedies should therefore be tied to the specific causes of action rather than described as one nationwide publicity-right remedy.
22. What Should You Do If You Are Accused of Violating Publicity Rights?
Do not assume that every demand involving someone’s name, photograph, voice, or likeness is legally correct.
Preserve:
The demand letter.
The challenged content.
Licenses.
Model releases.
Talent agreements.
Stock-photo licenses.
Agency agreements.
Advertising records.
Contracts.
Approval communications.
Evidence showing when and why the content was created.
Then evaluate:
Which state’s law is being asserted?
Does that law protect the claimant?
What identity attribute was allegedly used?
Was the use commercial?
Was consent given?
What exactly did the agreement authorize?
Was the use newsworthy or expressive?
Was the use incidental?
Is false endorsement alleged?
Who owns the related photograph or video?
Does the claimant actually control the rights being asserted?
Does postmortem protection apply?
In AI-related disputes, the analysis should also determine whether consent to ordinary recordings or photographs extended to synthetic reproductions or digital replicas.
A defense should begin with the legal right being asserted, not simply with the fact that someone’s face or voice appears in content.
23. How Can Cohn Legal Help With Right of Publicity Matters?
Cohn Legal, PLLC assists clients with intellectual property matters involving personal brands, commercial identity, licensing, trademark rights, false endorsement, merchandising, online impersonation, copyright, and related enforcement.
Cohn Legal can assist with matters involving:
Right-of-publicity analysis.
Name, image and likeness rights.
Unauthorized commercial use.
Celebrity and athlete branding.
Creator and influencer rights.
NIL agreements.
Endorsement agreements.
Merchandising licenses.
Persona and character licensing.
AI-generated likeness issues.
Digital-replica contract provisions.
False endorsement.
Trademark registration for personal brands.
Unauthorized merchandise.
Online impersonation.
Cease-and-desist letters.
Responses to publicity-right claims.
Settlement negotiations.
Licensing strategy.
Enforcement.
Coordination with litigation counsel or specialized local counsel where necessary.
A right-of-publicity matter should begin by identifying the actual rights involved.
Sometimes the strongest claim may arise under state publicity law.
Sometimes federal trademark or false-endorsement law may be central.
Sometimes copyright ownership controls the use of an image.
Sometimes constitutional speech protections may apply.
Often several rights overlap.
The legal strategy should reflect those distinctions rather than treating publicity, NIL, trademark, copyright, and endorsement law as interchangeable.
Discuss a Right of Publicity Matter
Speak With an Intellectual Property Attorney
FAQ
Right of Publicity & NIL Frequently Asked Questions
What is the right of publicity?
The right of publicity generally protects specified interests in controlling commercial exploitation of a person’s identity.
The exact scope depends largely on state law.
What does NIL stand for?
NIL stands for name, image and likeness.
The term commonly refers to commercially valuable identity attributes used in endorsements, sponsorships, appearances, licensing, merchandise, and other commercial activity.
Is NIL only for college athletes?
No.
The term is especially prominent in sports, but commercially valuable identity rights can also involve entertainers, influencers, creators, executives, entrepreneurs, and other individuals.
Is there a federal NIL registration?
No.
The USPTO does not issue a standalone “NIL registration.”
Protection can involve state publicity law, contracts, trademark law, and other legal rights.
Is there a federal right of publicity law?
There is currently no general federal statute creating one uniform nationwide right of publicity.
Federal trademark and false-endorsement law may nevertheless apply to qualifying conduct.
Do I need to be famous to have publicity rights?
Not necessarily.
Many state publicity statutes protect individuals generally rather than limiting rights to celebrities.
Fame may affect commercial value, damages, consumer recognition, and other aspects of a claim.
Can someone use my photograph without permission?
Potentially, depending on the use.
Using a photograph in commercial advertising can present different legal issues from using the same image in legitimate news reporting, commentary, or another protected expressive context.
Copyright ownership of the photograph should also be analyzed separately.
Is posting someone’s photograph on social media automatically a publicity violation?
No.
The purpose of the post, commercial context, applicable state law, consent, sponsorship, and nature of the communication all matter.
Can a business use customer photographs in advertising?
The business should determine whether it has legally sufficient permission for the intended commercial use.
The fact that an image was publicly posted online does not automatically authorize its use in advertising.
Can someone’s voice be protected?
Potentially.
Some state statutes expressly protect voice, and newer laws have increasingly addressed synthetic or AI-generated voice replicas.
Can an AI-generated voice violate publicity rights?
Potentially.
The answer depends on governing state law, the use of the synthetic voice, consent, commercial context, and any applicable digital-replica protections.
Can an AI-generated image violate someone’s publicity rights?
Potentially.
The absence of a copied original photograph does not necessarily eliminate identity-right concerns when a recognizable person’s likeness is commercially exploited.
Can a business create an AI version of a celebrity for an advertisement?
That can create substantial legal risk.
Potential issues may include:
Right of publicity.
False endorsement.
Trademark law.
Advertising law.
Contract rights.
Platform rules.
State digital-replica laws.
The fact that the image is synthetic rather than copied from an existing photograph does not automatically make the use lawful.
Can someone’s name be trademarked?
Potentially.
A personal name can function as a trademark when consumers recognize it as identifying the source of goods or services and the applicable trademark requirements are satisfied.
Can I register another living person’s name as a trademark?
USPTO rules generally require consent where a proposed mark identifies a particular living individual.
The specific trademark filing should be evaluated under the USPTO’s consent requirements.
Is right of publicity the same as false endorsement?
No.
A publicity claim generally arises under state law and focuses on unauthorized commercial exploitation of identity.
A Lanham Act false-endorsement claim focuses on actionable confusion concerning affiliation, sponsorship, association, or approval.
The same conduct can potentially support both theories.
Is right of publicity the same as copyright?
No.
Copyright protects original expression.
Publicity law protects specified interests in personal identity.
A photograph can involve both rights at the same time.
If I own the copyright to a photograph, can I use the person’s likeness however I want?
Not necessarily.
Copyright rights in the photograph and commercial rights relating to the depicted person’s identity are separate questions.
If a celebrity gives me permission to use their likeness, do I automatically own the photograph?
No.
Permission from the depicted person and copyright ownership of the image are distinct rights.
Can a newspaper violate publicity rights?
Potentially, but news reporting and public-affairs uses can receive substantial statutory and constitutional protection.
The fact that a publication earns revenue does not automatically convert editorial use into commercial appropriation.
Are biographies protected from publicity claims?
Expressive and biographical works can receive significant legal protection.
The applicable rule still depends on the state and particular use.
A biography should not automatically be treated like an advertisement or product bearing someone’s likeness.
Can parody use someone’s likeness?
Potentially.
Parody and satire may implicate strong First Amendment interests.
The analysis depends on whether the use is primarily expressive or functions as commercial exploitation and on the applicable state law.
Does the First Amendment always defeat a publicity claim?
No.
Speech protections are central to many publicity disputes, but they are not absolute in every factual setting.
Does New York have a right-of-publicity law?
Yes.
Sections 50 and 51 address specified identity uses involving living persons, while §50-f provides separate postmortem rights for certain qualifying deceased personalities.
Does New York require written consent?
For qualifying advertising or trade uses involving a living person’s protected identity, New York’s statute expressly addresses use without prior written consent.
How long does New York’s postmortem publicity right last?
Under the current statutory framework, qualifying protection can extend for 40 years after death, subject to the statute’s requirements.
Does Massachusetts protect publicity rights?
Yes.
Massachusetts General Laws Chapter 214, §3A addresses unauthorized advertising or trade use of a person’s name, portrait, or picture.
Can Massachusetts courts award enhanced damages?
Potentially.
The Massachusetts statute permits enhanced damages in qualifying circumstances involving knowing violations.
Do publicity rights survive death everywhere?
No.
Postmortem publicity rights differ substantially among states.
Some states provide extended statutory protection, while others provide more limited or different rights.
How long do California postmortem publicity rights last?
California’s current statute provides qualifying postmortem protection for 70 years after death.
Can publicity rights be inherited?
Potentially where applicable state law makes the relevant right transferable or descendible.
That should not be assumed in every state.
Can publicity rights be licensed?
Yes, depending on applicable law.
Licensing can cover advertising, merchandise, endorsements, appearances, social content, and other permitted uses.
Should an NIL agreement address artificial intelligence?
Increasingly, yes.
The parties should consider whether the agreement permits or prohibits:
Voice cloning.
Synthetic performances.
Digital replicas.
Generative AI images.
AI training.
Post-term AI uses.
The intended scope should be stated expressly.
Can unauthorized celebrity merchandise violate publicity rights?
Potentially.
Unauthorized merchandise can implicate publicity, trademark, copyright, false endorsement, or counterfeiting rights depending on the particular use.
Is unauthorized merchandise automatically counterfeit?
No.
Counterfeiting is a narrower trademark concept.
Unauthorized merchandise can violate other rights without satisfying the requirements for counterfeit use.
Can a person’s signature be protected?
Potentially.
A signature may be protected under applicable publicity laws and can also function as a trademark in appropriate commercial circumstances.
Can a nickname be protected?
Potentially.
A nickname can form part of a person’s commercial persona and may also acquire trademark significance where it functions as a source identifier.
Can a catchphrase be protected?
Potentially.
Protection can involve trademark rights, contract rights, NIL issues, or other law depending on the circumstances.
A short phrase is not automatically protected merely because a person said it first.
Can a signature gesture or movement be part of NIL?
Potentially.
A distinctive recurring gesture or movement may carry branding or identity significance.
Whether a particular use creates liability depends on the applicable law and facts.
Can I send a platform takedown request if someone uses my likeness online?
Potentially.
Platforms may have procedures addressing impersonation, trademark violations, unauthorized content, or related conduct.
The correct reporting mechanism depends on the legal right involved.
A DMCA copyright notice should not be used merely because someone’s likeness appears in content unless the claimant also owns or controls the relevant copyright.
Can I sue for right-of-publicity violations?
Potentially.
The claimant must satisfy the elements of the applicable state law.
The appropriate forum and remedies can also depend on overlapping federal claims.
Can I get an injunction?
Potentially.
Several state statutes provide injunctive remedies for qualifying unauthorized commercial identity uses.
Can I recover damages?
Potentially.
Available damages vary significantly by jurisdiction and claim.
Depending on the law, remedies may include actual damages, attributable profits, statutory amounts, enhanced damages, punitive damages, or attorney’s fees.
What should I do if someone is using my name or likeness without permission?
Preserve the use first.
Then identify:
Where it appears.
How it is being used.
Whether the use is commercial.
Who created it.
Which state’s law may apply.
Whether trademark or copyright rights also exist.
Whether a contract authorized the use.
Those facts can determine whether a demand letter, platform complaint, licensing discussion, or lawsuit is appropriate.
Protect the Commercial Value of Identity Without Confusing the Rights Involved
Names, photographs, voices, signatures, likenesses, personas, and other recognizable identity characteristics can have substantial commercial value.
Protecting that value requires identifying the correct legal right.
A photograph may involve copyright.
A personal name may function as a trademark.
A false product endorsement may implicate the Lanham Act.
An unauthorized advertisement may implicate state publicity law.
An AI-generated performance may implicate specialized digital-replica protections.
Unauthorized merchandise may implicate several rights simultaneously.
There is no single nationwide publicity law that resolves every situation.
Cohn Legal assists clients with right-of-publicity, NIL, trademark, false-endorsement, licensing, AI replica, merchandise, and enforcement matters involving personal identity and commercial branding.
