What is Right of Publicity?
Right of publicity is a specific area of law that protects you against the use of your image as a product endorsement, or as part of merchandise sold by another party.
Examples of violations can include:
- Use of a photograph of a child wearing a brand of clothing that is used without permission by the clothing company to promote its clothes;
- Use of images of a former athlete as a promotion for an up-and-coming sporting event;
- Photographs of people eating in a restaurant, taken without their permission and placed in an advertisement for that restaurant;
How Do the Laws About Right of Publicity Work?
When photographs of you are used without authorization, this can result in the misappropriation of your right of publicity. They protect you against the use of your image in advertisements, merchandise (such as coffee mugs, shirts and lunch boxes), and other promotional works.
What the Law Protects Against
It is your right of publicity, and when someone uses your publicity without your permission, a violation occurs. In some cases, images are used to imply endorsements of a product or service. In other cases, it is the misuse of licensed images (for example, placing a photograph licensed for website use as an image on merchandise).
In some cases, it is the use of your image for financial gain. In others, it is to persuade people to a viewpoint. Whatever the case, when your publicity is used without your permission, you may have a legal claim.
Protecting Your Rights
When a violation occurs, you may be entitled to several forms of relief. You may be entitled to financial compensation, as well as injunctive relief, ordering the other party to temporarily and, ultimately, permanently refrain from using your likeness.
Call Liebowitz Law Firm, PLLC Today
If your rights are being violated, and another party has misappropriated your right of publicity, you may have a legal claim against them.
The experienced copyright lawyers at Liebowitz Law Firm, PLLC can help. We understand the legal issues involved and know what is required to protect your legal rights.