Intellectual Property Overview

Right of Publicity

California Right of Publicity Attorney

The right of publicity is a common law right that was taken from the rib of the law of privacy. In California it has been codified in Civil Code Section 3344 (and Section 3344.1 which governs similar rights in a dead person’s name and likeness). In short, Section 3344 prohibits the use of another’s “name, voice, signature, photograph, or likeness” in connection with any commercial activity, e.g., on products, advertising, etc. Where violation of a right of privacy is a “personal injury,” the right of publicity is a form of intellectual property and concerns economic injury only. I have handled many right of publicity cases over the years, whether it is the only claim, or combined with claims for trademark infringement (e.g., where the trademark is the plaintiff’s name), unfair competition, or breach of contract. Contact me, Larry Townsend today if you have questions about right of publicity law or litigation.

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