Right of Publicity - Licensing

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Right of Publicity

Right of publicity licensing lets brands use a person's name, image, and likeness commercially, and we negotiate the endorsement, merchandising, and appearance deals that protect rights holders and users alike.

Your name, image, and likeness have commercial value, and licensing is how that value gets paid out. A right of publicity license lets a brand put a person's identity on an ad, a product, or a campaign, with terms that protect the person being licensed and the company doing the licensing. We negotiate and draft these deals for talent, brands, and the agencies between them.

Building The Licensing Deal

The right structure depends on what's being licensed and for how long. We negotiate endorsement agreements, appearance and spokesperson deals, and merchandising licenses, nailing down the scope of use, exclusivity, channels, territory, and term. Whether it's a one-off appearance or a multi-year endorsement tied to a product line, we shape the agreement so both sides know exactly what was promised and what falls outside the grant.

Defining The Rights Granted

Most publicity disputes trace back to a fuzzy grant clause. We define precisely what's licensed, whether it's specific approved photographs, the name only, any likeness, or the full persona including voice and signature, and pin it to specific media and uses. A brand that licenses one campaign image shouldn't be able to plaster a face across every product, and clear language is what keeps that line from blurring later.

Protecting Image And Reputation

Lending your identity to a product means trusting how it gets used. We build in approval rights, quality standards, and morals-style protections so the person stays in control of how they're portrayed, while still giving the brand the certainty it needs to run a campaign. The result is a deal where the talent's reputation is safeguarded and the company isn't left guessing whether each use will get blessed.

Negotiating What It Pays

Compensation has to fit the person, the product, and the market. We negotiate flat fees, royalties tied to sales, advances against royalties, and performance bonuses, and structure payment and reporting so the money actually arrives as agreed. We match the deal economics to how the rights are being used, so a national merchandising program isn't priced like a single social post and everyone's expectations are set in writing.

Frequently asked questions

Usually name, image, likeness, voice, signature, and other recognizable persona elements. Which ones you need depends on the use, since an endorsement campaign requires different rights than putting a face on merchandise. Match the rights granted to what you plan to do, and no more, so neither side overpays or overcommits.

Common structures are a flat fee, a royalty on sales, or a combination of the two. What fits depends on the type of use, the person's profile, and whether the deal is exclusive. A flat fee suits a one-time appearance, while merchandise often works better on a royalty.

Typically approval over how their identity is used, the advertising copy, and the quality of any product carrying their name. How broad those approval rights run is heavily negotiated, since tight approval slows you down while loose approval worries the talent. Define the process and turnaround times so approvals do not stall a campaign.

Exclusivity stops the person from endorsing competitors, and because that is valuable it commands a premium fee. It has to be carefully bounded by product category and territory, so you are paying for the exclusivity you actually need. A broad exclusivity grant costs more and limits the talent's other deals.

Spell out whether and how they will post, any requirement that posts read as authentic rather than scripted, FTC disclosure obligations, and who owns the resulting content. Social media is where these deals most often go sideways, so put the expectations in writing rather than assuming them.

Negotiate a sell-off period for existing inventory, a deadline to take down advertising and online materials, and any restrictions that continue after termination. Plan for an orderly wind-down so the person's identity is not still appearing on your products months after the deal is over.

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