Publicity laws have changed significantly throughout the years. Professionals with a public image who are working in various areas of the entertainment industry (or other industries where their image could be used) will have various intellectual property rights that need to be enforced and protected.
These rights include the right to publicity, which allows a performer to control the commercial use of their identity. A Boca Raton right of publicity lawyer could help protect these rights on all media platforms. Our experienced intellectual property attorneys advocate on your behalf to safeguard you from unauthorized use of your name, image, and likeness, including your voice, in connection with any form of commercial activity.
Publicity rights are an evolving area of intellectual property law. While no federal law concerning the right of publicity exists, these protections are widely recognized by many states, including Florida. The right of publicity refers to a person’s right to control the way their name and likeness is used by other individuals, entities, or organizations.
The right of publicity also allows someone to protect against unwanted, unauthorized, or illegal uses of their photograph, gestures, signature, image, or other elements of their persona. For example, individuals, public figures, and celebrities may leverage their right of publicity to determine how their image is used in endorsement deals, advertisements, merchandise, and other entertainment mediums.
An attorney in Boca Raton could help someone understand whether their right of publicity has been violated and take legal action accordingly. The unlawful appropriation of name and likeness, the depiction of a persona in a false or damaging light, or disclosure of private facts are all circumstances that could provide grounds for litigation under right of publicity laws. These cases are often attached to other claims related to intellectual property infringement, such as trademark or copyright infringement.
The unlawful printing, display, or public use of a person’s likeness for commercial purposes without their permission is strictly barred in the state of Florida. Moreover, Florida is one of the few states in which the right of publicity survives the individual’s death. This means that if a person or company violates right of publicity laws by using the deceased individual’s name, image, or likeness without permission, their family may be entitled to file a lawsuit against the offending party for up to 40 years after that person’s death.
There are several situations where a person’s likeness may be used and the right of publicity would not apply. For example, if the person’s name or likeness is used in a news report with a legitimate public interest, to sell or distribute merchandise that the person had already originally consented to, or when the depiction does not directly promote a product or service by using that person’s and likeness, a right of publicity claim may not apply.
A skilled Boca Raton attorney can help someone understand whether they have grounds to proceed with a right of publicity action. The injured party in this case may be entitled to numerous forms of legal or monetary relief. This could include the value of the actual economic losses sustained due to the unlawful use of their likeness, as well as the value of the profits or gains the wrongdoer acquired from the illegal endeavor. Courts may sometimes award punitive damages in these cases as well.
Through the right of publicity laws, you have the ability to control commercial exploitation of your likeness, identity, and persona. A Boca Raton right of publicity lawyer allows you to assert and defend these fundamental protections.
Our legal team also helps you negotiate and execute favorable licensing agreements if someone wants to use your image or likeness for commercial purposes. If you are an entertainer, musician, athlete, or any other public figure, and have questions about right of publicity, you should speak with Lomnitzer Law as soon as possible for more information. Contact our office today to discuss how we can protect you from being exploited.
