Right of Publicity Enforcement
Intellectual Property and Technology | Right of PublicityWe protect personality rights through cease and desist campaigns, platform takedowns, and litigation against unauthorized commercial use.
Overview
Protecting Identity Rights Against Unauthorized Use
Unauthorized commercial use of name, image, and likeness requires enforcement action. Our Right of Publicity Enforcement practice protects individuals against misappropriation of their identity for commercial purposes.
Detection and Monitoring
Enforcement begins with identifying violations. We implement monitoring programs detecting unauthorized commercial use across advertising, products, online platforms, and emerging media. Early detection enables effective response.
Cease and Desist
Many violations resolve through demand letters. We send cease and desist communications documenting rights, identifying unauthorized use, and demanding immediate cessation. Professional, well-supported demands often achieve compliance without litigation.
Platform Enforcement
Online platforms provide reporting mechanisms for identity misuse. We pursue takedowns through platform procedures, removing unauthorized content efficiently. We address social media, e-commerce marketplaces, and advertising platforms.
Litigation
When informal methods fail, litigation provides powerful remedies. We pursue right of publicity claims in state and federal courts, seeking injunctions stopping unauthorized use and damages for misappropriation. We have experience with the varying state laws governing publicity rights.
Criminal Referrals
Serious violations may warrant criminal attention. We coordinate with law enforcement on identity theft, counterfeiting, and fraud involving celebrity identities.
International Enforcement
Unauthorized use crosses borders. We coordinate international enforcement through foreign counsel, addressing violations wherever they occur.
Our Services
right_of_publicity
Federal registration and validity opinions
litigation
Federal registration and validity opinions
intellectual_property_and_technology
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
Use of name, image, voice, or likeness for commercial purposes without permission—advertising, merchandise, endorsements, and similar uses.
Depending on state law, damages may include fair market value of use, defendant's profits, and potentially statutory or punitive damages.
Options include cease and desist demands, platform takedowns, and court injunctions. The appropriate approach depends on circumstances.
First Amendment protections may apply to transformative uses, commentary, and parody. We analyze whether defenses are likely to succeed.
Yes, through foreign counsel. Many countries have personality rights protections, though scope varies significantly.
Emerging technology creates new enforcement challenges. We pursue claims under existing law and advocate for new protections.
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
