Arizona Right of Publicity - Talent Contract
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How to fill out Right Of Publicity - Talent Contract?
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FAQ
Twenty-four states?including California, New York, Florida, Hawaii, Nevada and Texas?recognize a post-mortem right of publicity under state common law or statute.
Defenses to Publicity Rights Claims Although there is no guaranteed list of defenses to privacy actions, the following are defenses that are often upheld: Public interest matters. Parodies. Expressive works of free speech and/or fiction.
Eleven states recognize publicity rights by way of common law; eighteen via statute. These eighteen include California, Florida, Illinois, Indiana, Kentucky, Massachusetts, Nebraska, Nevada, New York, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.
Common Law - Right of Publicity To establish a common law claim a plaintiff must prove: (1) the defendant used the plaintiff's identity; (2) the appropriation was for defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.
Arizona has two statutes recognizing a right of publicity for soldiers, but no corresponding statute for civilians. A.R.S. §§ 12-761, 13-3726. Although the case law is sparse, the right of publicity in Arizona at least protects a ?celebrity's name and likeness.? Pooley at 1112.
The right of publicity is an intellectual property right that protects against the misappropriation of a person's name, likeness, or other indicia of personal identity?such as nickname, pseudonym, voice, signature, likeness, or photograph?for commercial benefit.
A.R.S. §§ 12-761, 13-3726. § 12-761 recognizes a civil cause of action for infringement of the right of publicity for any soldier, alive or deceased, and § 13-3726 makes it a class 1 misdemeanor to infringe the right of publicity of a deceased soldier.
Arizona deceptive trade practices law bans false advertising, making it a misdemeanor charge and empowering the state Attorney General to file suit against the offending party. Note that there is no statutory language that indicates a consumer or private party may bring an action.