Right of Publicity

The right of publicity is a form of intellectual property distinct from trademark and copyright that protects against the unauthorized use of a person's name, voice, signature, photograph or likeness in connection with commercial activity. In California it is covered under Civil Code Section 3344: "Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising... without such person's prior consent" shall be liable for damages and attorney's fees.

California Civil Code Section 3344.1 protects equivalent rights of a "deceased personality," providing a basis for claims to be brought by the estate of the deceased personality.

I have prosecuted and defended numerous right-of-publicity lawsuits. I also consult with clients seeking to conduct their business so as to minimize exposure to claims for misappropriation of the right of publicity.