Right of Publicity Counseling
Intellectual Property and Technology | Right of PublicityWe advise talent and brands on right of publicity issues including clearance, risk assessment, and compliance with state publicity rights laws.
Overview
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.
Our Services
right_of_publicity
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
advertising_marketing_law
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Generally, commercial use of identity requires consent. Editorial, newsworthy, and transformative uses may be protected. Context determines requirements.
Typically the state where the individual is domiciled, though forum state law may apply. Analysis considers multiple jurisdictions.
Permitted uses, media, territory, duration, and any restrictions. Releases should be specific enough to provide certainty while covering intended uses.
Posthumous rights vary by state—some provide no protection, others protect for decades. Analysis determines what permissions are needed.
Using look-alikes or sound-alikes to evoke celebrities without permission may still violate publicity rights depending on circumstances.
AI likenesses likely implicate publicity rights. Best practice is obtaining permission for AI-generated celebrity images.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
