Right of Publicity Licensing

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Intellectual Property and TechnologyRight of Publicity

We structure and negotiate endorsement deals and licensing arrangements that monetize personality rights while protecting the individual's brand and reputation.

Monetizing Personal Identity Through Licensing

Celebrities, athletes, and other public figures can monetize their identity through carefully structured licensing arrangements. Our Right of Publicity Licensing practice represents both talent seeking to leverage their personal brands and businesses seeking to use celebrity identities in marketing.

Endorsement Agreements

Endorsement deals associate personalities with products and brands. We structure agreements addressing scope of services, exclusivity, compensation, usage rights, and quality control. We balance talent interests in protecting their image with advertiser needs for marketing flexibility.

Merchandising Licenses

Licensing names and likenesses for merchandise creates revenue opportunities. We negotiate merchandising agreements addressing product categories, territories, royalties, and quality standards. We ensure merchandise programs maintain brand consistency and reputation.

Appearance Agreements

Personal appearances require careful documentation. We structure appearance agreements covering dates, compensation, travel, and usage of appearance content. We address social media, photography rights, and appearance riders.

Compensation Structures

Licensing compensation varies significantly. We negotiate guaranteed fees, royalty arrangements, equity participation, and hybrid structures. We ensure compensation reflects the value talent brings while providing certainty for both parties.

Usage Rights

What licensees can do with licensed content requires precise definition. We specify permitted media, territories, duration, and restrictions. We address digital use, social media, and evolving platforms.

Reputation Protection

Licensing must protect the individual's reputation and brand. We negotiate approval rights, quality standards, and termination provisions ensuring talent maintains control over how their identity is used.

Frequently asked questions

Services scope, exclusivity, compensation, usage rights, approval processes, term, termination, and morals clauses. Deal points vary by industry and talent level.

Factors include talent recognition, campaign scope, exclusivity, usage extent, and negotiating leverage. Comparable deals inform rate analysis.

Typically creative approval over advertisements, product quality standards, and control over personal image. Scope depends on negotiation.

Provisions allowing termination if talent engages in conduct damaging to reputation. We negotiate balanced clauses protecting both parties.

Social media posting requirements, approval processes, and usage rights require explicit agreement. FTC disclosure requirements must be addressed.

Estates can license deceased personalities where state law recognizes posthumous rights. We help estates develop licensing programs.

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