RIGHTS OF PUBLICITY

Dynamic legal protection for creatives and public figures.

RIGHT OF PUBLICITY

Fundamentally, the “right of publicity” is the right of an individual to control any commercial use of his or her name, image, or some other aspects of one’s identity.

The right of publicity is principally a state-based right in the United States, meaning the parameters of the “right” and the extent to which it can be enforced is different in each state. There are some states that have provided this particular right by way of statute. In states which do not have legislation to dictate the right of publicity, the surrounding legal jurisprudence is governed by way of Court precedence and common law. The right of publicity can be passed on to a person’s heir after death since the right is generally considered as a property right instead of a personal one. The right of publicity can also be referred to as personal or publicity rights.

Notably, while there is not explicitly a Federal law which specifically recognizes a right of publicity, Federal legislation does exist which protects against unfair competition, false endorsement and false association. Various invocations of these laws may be appropriate when dealing with rights of publicity issues.

What’s covered under the right of publicity?

 

What makes you, YOU

Under the right of publicity, an individual’s name, likeness, and/or other meaningfully recognizable feature of one’s persona is covered and restricts others from using one’s “likeness” for commercial gain and profit.

True partners, providing pragmatic and actionable advice

 

Our objective is to make your life easier and less stressful

Our attorneys specialize in intellectual property law and can guide you through the intricacies of a right of publicity claim. We have worked with artists, creatives, and sports figures in representing proprietary likeness rights and developing strategies to monetize character rights specifically vis-a-vis interactive gaming platforms. If someone has misused your name or likeness for commercial gain, or if you’ve been accused of violating another’s Right of Publicity, please contact us to speak to one of our attorneys.

How We Bill Our Clients

 

Transparency At All Times No Matter What

To the best of our ability and as appropriate under the circumstances, we provide flat fee rates in advance. You will know precisely how much you can expect to be charged for a particular legal service before we start working together and will never be surprised with a bill. 
 

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PROTECT YOUR NAME AND LOGO