Right of Publicity – Have you ever thought about using a living or dead person’s name, image, photograph, or likeness on your website, or in your book, song, or play? If so, think again, or you may find yourself on the other side of a costly lawsuit.
The law prevents you from making money off of someone’s image or likeness. The right that a person has to protect their identity is called the right of publicity. It’s a form of intellectual property that applies to celebrities and non-celebrities, as well as to living and deceased individuals.
Each state makes its own rules regarding the right of publicity, but the general rule of law is that any person who uses a living or deceased personality’s name, voice, identity, signature, photograph, or likeness—in any manner, whether on products, merchandise, or other goods, or for advertising or selling, without prior consent is liable.
While there may be some exceptions to the general rule, it is best that you avoid even the appearance of violating someone’s right of publicity.
Here are 4 tips to help you avoid being sued:
- Ask for permission before using someone’s identity, name, photo, or story in your book, website, or other money-making vehicle.
- Have them sign a written Release before you interview them or use their identifying information.
- If they refuse to sign your Release, DON’T use their information.
- Make sure the Release includes everything you need to be protected (Internet boilerplate templates will not provide you with that protection).
Until next time, I’m Attorney, Francine Ward, helping you, protect YOU!
Join my conversation at www.facebook.com/Francineward
Francine D. Ward
Attorney-At-Law, Author, Speaker
Follow Francine:
Don’t miss Francine’s Latest Blogs:
- What is a Habit?As we enter springtime, you may feel far away from your New Year’s resolution. That may be because of the success rate of NYE resolutions. In fact, January 17 is… Read more: What is a Habit?
- Common Contract MistakeCommon Contract Mistake #1. Not Having Written Agreements with EVERYONE You Do Business With. Common contract mistake. Without question, the most common contract mistake is not having the terms of… Read more: Common Contract Mistake
- AI and PatentsAI and Patents. Understanding Patent Law in the Age of AI. Patents, along with Copyrights, Trademarks, Trade Secrets, and Rights of Publicity, are one of the five areas of practice… Read more: AI and Patents
- Effective Goal SettingSetting Goals. It’s that time of year, time to plan for effective goal setting. A time when some of us start thinking about goals for the upcoming year. If you… Read more: Effective Goal Setting
- Indemnify AI UseBeware of companies that say they will indemnify AI use, that they will pay ALL the legal costs incurred by customers using Generative AI services (like ChatGPT, CoPilot, or Bard).… Read more: Indemnify AI Use
Don’t miss Francine’s Latest Blogs:
- What is a Habit?As we enter springtime, you may feel far away from your New Year’s resolution. That may be because of the success rate of NYE resolutions. In fact, January 17 is… Read more: What is a Habit?
- Common Contract MistakeCommon Contract Mistake #1. Not Having Written Agreements with EVERYONE You Do Business With. Common contract mistake. Without question, the most common contract mistake is not having the terms of… Read more: Common Contract Mistake
- AI and PatentsAI and Patents. Understanding Patent Law in the Age of AI. Patents, along with Copyrights, Trademarks, Trade Secrets, and Rights of Publicity, are one of the five areas of practice… Read more: AI and Patents
- Effective Goal SettingSetting Goals. It’s that time of year, time to plan for effective goal setting. A time when some of us start thinking about goals for the upcoming year. If you… Read more: Effective Goal Setting
- Indemnify AI UseBeware of companies that say they will indemnify AI use, that they will pay ALL the legal costs incurred by customers using Generative AI services (like ChatGPT, CoPilot, or Bard).… Read more: Indemnify AI Use
