Strategic Guidance on Personality Rights
Right of publicity law varies significantly by state, creating complexity for both talent seeking protection and businesses seeking to use personal identities. Our Right of Publicity Counseling practice provides strategic guidance navigating this patchwork of laws.
Talent Counseling
We advise celebrities, athletes, and influencers on protecting and monetizing their identity rights. We help develop brand protection strategies, negotiate favorable deal terms, and plan for long-term management of publicity rights including estate planning.
Brand Counseling
Companies using personal identity in marketing need guidance on when permission is required and how to obtain it properly. We advise on clearance processes, release requirements, and risk assessment for borderline situations.
State Law Analysis
Right of publicity law varies dramatically by state. We analyze which state's law applies, what elements it protects, how long protection lasts, and what remedies are available. This analysis informs both protection and risk management strategies.
Clearance Procedures
Proper clearance prevents costly disputes. We develop clearance procedures for advertising and marketing, ensuring appropriate releases are obtained and documented. We advise on release scope and language.
Risk Assessment
Not all uses require permission; many are protected by First Amendment. We assess where proposed uses fall on the spectrum from clearly commercial to clearly protected, enabling informed decisions about proceeding.
Emerging Issues
New technologies create novel publicity right questions. We advise on AI-generated likenesses, virtual characters, NFTs, and metaverse applications where legal frameworks are still developing.