Right of Publicity - Counseling

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Right of Publicity

Right of publicity counseling guides companies and talent through name, image, and likeness clearance, fair use and First Amendment limits, and the policies that keep campaigns compliant before they ship.

Right of publicity sits in a tricky spot, governed by a patchwork of state laws and bounded by the First Amendment, and the stakes run both ways. Companies using a person's name, image, or likeness need to know where the line is, and the people who own those rights need to manage and protect them. We counsel both sides before problems start, so the advice shows up while you can still act on it.

Clearance And Risk Calls

Before you use someone's identity, you need to know whether you can. We advise companies on publicity rights clearance: which uses require consent, when fair use, newsworthiness, or First Amendment protection covers you, and how a given use rates on a real risk scale. State laws vary widely on post-mortem rights and what counts as commercial use, so we ground the call in the jurisdictions that actually apply to your campaign rather than a one-size answer.

Advising Talent And Estates

On the rights-holder side, the job is to protect and grow the value of an identity. We counsel public figures and their representatives on managing and monetizing publicity rights, pushing back on unauthorized uses, and planning for what happens to those rights after death, since post-mortem publicity rights differ sharply from state to state. The aim is a deliberate strategy for the person's name and likeness, not a scramble each time someone crosses the line.

Reviewing Campaigns Pre-Launch

The cheapest fix is the one made before launch. We review advertising, marketing, and product materials for publicity rights exposure ahead of release, flagging uses of real people, lookalikes, voices, or AI-generated personas that could draw a claim. We don't just say no; we recommend the changes, disclaimers, or releases that let you ship the campaign with the legal risk dialed down to something you're comfortable with.

Building Compliance Policies

If you use celebrity or influencer content regularly, you need a repeatable process, not case-by-case guesswork. We help companies build policies and intake procedures for clearing third-party identities, documenting consents and releases, and keeping marketing teams inside the lines across every campaign. With clear rules in place, your people can move quickly without each new ad becoming a fresh legal question.

Frequently asked questions

Generally any time you use a recognizable person's identity commercially, such as in advertising or on merchandise. How much consent you need depends on the scope of the use. Editorial and newsworthy uses often do not require consent, but the safe assumption is that a commercial use does.

News reporting, commentary, and matters of genuine public interest are generally protected without consent. The trap is dressing up a commercial use in editorial clothing, since an ad disguised as an article can still require consent. The protection follows real editorial purpose, not the format alone.

Often yes. Many states recognize post-mortem publicity rights, so the celebrity's estate typically has to consent to a commercial use. How long those rights last and how broadly they reach varies by state, so check the specific state's law before building a campaign around a deceased figure.

Not necessarily. Using a look-alike or sound-alike to evoke a particular celebrity can violate their publicity rights if consumers are likely to think the real person is involved. Courts have found liability where the imitation was clearly meant to suggest endorsement. Hiring an impersonator does not get you around consent.

Your platform terms should address user-generated content, but content from users that features celebrities still creates risk for you, especially if you amplify it. Consider moderation and a clear takedown process so you can respond when a problematic post surfaces. Relying on terms alone is not enough.

Doing so raises publicity rights issues, because a digital replica still uses that person's identity. For commercial use, consent is typically required, and some states have specific rules for digital replicas. Treat a virtual version of a real person the way you would treat using the person directly.

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