Right of Publicity

A waiver of privacy and publicity rights, and release of corresponding legal claims. It assumes that the waiver and release is being given by a member of the general public in connection with a company's public or commercial use of the individual's name, likeness or other personal characteristics or private information. It must be tailored to the particular circumstances in which the company is obtaining the waiver and release. This Standard Document has integrated notes with important explanations and drafting tips.

A Checklist identifying the main intellectual property and personal rights clearances that may be necessary when creating or using works that may qualify for copyright, trademark and other intellectual property and personal rights protections. Companies must conduct appropriate rights clearance when creating and using these materials to avoid potential legal action and minimize exposure to liability.

A Q&A guide to Virginia right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

An expert Q&A with Neal Klausner and Dominick Cromartie of Davis & Gilbert LLP on recent attempts by celebrities and public figures to seek expanded control over the unauthorized commercial exploitation of their personas (identiies) under state right of publicity laws and how best to manage the risks and potential liability arising from right of publicity claims.

A Q&A guide to Massachusetts right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to California right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to New York right of publicity laws.  This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Connecticut right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Texas right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Nevada right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.  Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

A Q&A guide to Indiana right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions (see Right of Publicity: State Q&A Tool).

The US District Court for the Northern District of California denied in part Facebook's motion to dismiss a class action asserting, among other claims, right of publicity violations based on Facebook's use of its users' names and likenesses in its Sponsored Stories advertising. Facebook sought dismissal asserting that, among other grounds, it is protected from liability as an interactive computer service under the federal Communications Decency Act, Facebook users' "likes" fall within the newsworthiness exception to California's right of publicity statute, the plaintiff's failed to allege sufficient injury and, in any case, the plaintiffs consented to the use based on Facebook's terms of use.