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.
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