Understanding Right Of Publicity
I am intellectual property attorney Lawrence G. Townsend, and I represent individuals who have experienced harm due to right-of-publicity issues. If your name, voice, photograph or other personal aspect of yours has been used without your permission, talk to me as soon as possible. You may have a claim against the person or business, and you may be entitled to compensation.
What Is 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.
Frequently Asked Questions On The Right Of Publicity
While this right is often associated with celebrities, it also applies to other people and scenarios. Here are some of the frequently asked questions on the right of publicity.
How is the right of publicity different from trademark and copyright laws?
Trademark law protects brand identifiers like logos and slogans, helping ensure consumers are not misled. Copyright law safeguards original creative works such as books, music and art.
On the other hand, the right of publicity focuses on an individual’s persona, preventing unauthorized use of their identity for commercial gain. Unlike copyright, it is not tied to a creative work; unlike a trademark, it does not require proof of consumer confusion.
What remedies are available if my right of publicity is violated?
If your right of publicity is violated, legal remedies may include:
● Damages: Compensation for financial losses or harm to your reputation.
● Injunctive relief: A court order to stop the unauthorized use.
● Statutory damages: In some jurisdictions, specific damages may be awarded regardless of actual harm.
Consulting a right of publicity lawyer can help determine the appropriate course of action.
Does the right of publicity apply to everyone or just celebrities?
While the right of publicity is most commonly associated with celebrities, it applies to everyone. However, celebrities may have broader protections due to the higher commercial value of their personas.
In San Francisco and Silicon Valley, California, the right of publicity is extended posthumously for up to 70 years, protecting the identities of deceased public figures.
Can businesses use someone’s likeness without consent for noncommercial purposes?
Generally, the unauthorized use of someone’s likeness for noncommercial purposes, such as in news reporting, education or satire, is protected under free speech.
However, even noncommercial uses can cross the line if they imply endorsement or harm the individual’s reputation.
What should I do if I believe my right of publicity has been infringed?
If you suspect a violation:
● Document the evidence: Gather proof of the unauthorized use, such as advertisements or posts.
● Assess the harm: Consider financial or reputational damages caused by the use.
● Consult an attorney: A right of publicity attorney can help you determine whether your right of publicity has been violated and guide you through filing a lawsuit or negotiating a settlement.
Taking swift action helps protect your rights and prevents further misuse of your identity.
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