Our Publicity Rights Practice Areas

When your personal identity becomes valuable, protecting how your name, image, and likeness are used becomes increasingly important. We help individuals across various fields establish, maintain, and enforce their right of publicity. Our work covers the many aspects of personal brand protection to ensure your identity is both safeguarded and appropriately leveraged in today’s media-rich environment.

Right of Publicity Licensing and Agreements

“How can I control and benefit from the use of my identity?” This question requires thoughtful consideration. We assist clients in responsibly monetizing their personal brand through:

  • Drafting and negotiating clear licensing agreements that protect your interests
  • Developing endorsement and sponsorship contracts with appropriate protections
  • Creating social media influencer agreements that align with your values and goals
  • Structuring appearance and performance contracts with favorable terms

We collaborate with you to create agreements tailored to your specific situation, protecting your rights while helping you realize the value of your personal brand.

Right of Publicity Litigation and Dispute Resolution

Discovering unauthorized use of your identity can be frustrating and potentially damaging. Our background in litigation equips us to address these situations effectively:

  • Representing clients when their identity has been used without permission
  • Defending against claims involving right of publicity issues
  • Seeking appropriate injunctive relief and damages when warranted
  • Resolving disputes through negotiation, mediation, or litigation based on circumstances

Our work in this area provides insights into common legal vulnerabilities, which helps us develop proactive protection strategies before problems arise.

Compliance and Risk Management

Navigating publicity rights varies significantly by location and context. We help clients understand and manage these complexities:

  • Advising on state-specific right of publicity laws that affect your situation
  • Ensuring compliance with federal Lanham Act provisions related to personal brand protection
  • Developing practical strategies to reduce risks in media and advertising initiatives
  • Counseling on social media practices that protect your publicity rights

Name, Image, and Likeness (NIL) for College Athletes

The rapidly changing landscape for college athlete compensation presents both opportunities and potential pitfalls. We provide guidance with emerging Name, Image, and Likeness (NIL) matters:

  • Structuring NIL agreements and endorsement deals that work for your circumstances
  • Helping athletes navigate the complexities of personal brand development and monetization

Comprehensive IP Protection

Your publicity rights often work best when coordinated with other intellectual property protections. Our right of publicity practice works alongside our other IP services to create strategies that combine publicity rights with complementary protections like trademarks and copyrights, providing well-rounded protection for your personal brand.

Our Practice Areas

All Practice Areas

Frequently Asked Questions

What is the right of publicity?

The right of publicity is the right of an individual to control the commercial use of their name, image, likeness, or other aspects of their identity. It allows individuals to profit from and protect against unauthorized use of their persona.

How does the right of publicity differ from privacy rights?

While privacy rights protect against intrusion and unwanted exposure, the right of publicity protects the commercial value of one’s identity. Privacy rights are personal rights, while publicity rights are property rights that can be licensed or transferred.

How do NIL rights differ from traditional right of publicity protections?

While the right of publicity has existed for decades to protect commercial use of one’s identity, NIL rights specifically emerged from recent NCAA policy changes that allow student-athletes to monetize their personal brand while maintaining amateur status.

Who needs to be concerned about right of publicity?

While celebrities and public figures often rely heavily on right of publicity protections, anyone whose name or likeness has commercial value can benefit from understanding and protecting their right of publicity.

How can I protect my right of publicity?

Key steps include registering your name or likeness as a trademark when appropriate, using clear contracts for any authorized uses of your identity, monitoring for unauthorized uses, and taking prompt action against infringements.