Right of Publicity Licensing
Intellectual Property and Technology | Right of PublicityWe structure and negotiate endorsement deals and licensing arrangements that monetize personality rights while protecting the individual's brand and reputation.
Overview
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.
Our Services
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Federal registration and validity opinions
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Federal registration and validity opinions
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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
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.
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
