Overview

Most of the general public probably isn’t aware that the rights we have to our own name, image, voice, and likeness—Right of Publicity laws—are just as ingrained in the law as copyrights, trademarks, and patents, but historically those rights have been overshadowed. In the digital age with the meteoric rise of social media, that is no longer the case.

From athletes, celebrities, and influencers with their enormous earning power, to generative AI that can create startlingly real deepfakes, Right of Publicity laws are now front and center and grow more important every day. They’re also complex: there is no one federal standard that applies, and each state has its own rules, defenses, and rights of recovery. Muddying the waters even more, most publicity rights violations occur online.

 At McBrayer, our IP team is keenly aware of these complexities and the increased risk our clients face in this arena—and to that end, keep a vigilant eye on this rapidly developing area of intellectual property law.

Celebrities, and now college athletes, thanks to court rulings enabling name, image, and likeness (NIL) deals, are most susceptible to entities trying to profit off their name, image, and likeness and have the most urgent need to enforce their publicity rights. Our IP team works diligently with these individuals to help ameliorate the issues surrounding Right of Publicity, while fully recognizing that a client need not be famous (or infamous) to need help in this regard. Indeed, everyone has rights to their own name, image, likeness, and voice, and McBrayer is here to protect them from others impermissibly profiting from those rights.

Our attorneys have rich experience when it comes to disputes involving publicity claims. We can assist with Right of Publicity matters such as:

• Sending cease and desist letters to individuals and companies violating one’s publicity rights;
• Negotiating settlements of claims related to publicity rights;
• Defending against cease and desist letters relating to publicity rights;
• Drafting and negating agreements involving name, image, and likeness (NIL) rights;
• Evaluating competing claims to intellectual property (e.g. a photographer who owns a picture of a person versus the person who is depicted in the photograph);
• Litigating high-profile cases where celebrities and athletes allege infringement of their name, image, and likeness

Take the First Step to Success

To discuss the ways our attorneys can assist you with Right of Publicity, contact the firm online.