The Arizona Right of Publicity — Talent Contract is a legal agreement that outlines the rights and responsibilities of both talent (individuals with recognizable likeness, voice, or other unique attributes) and other parties involved in their commercial exploitation. This contract is specifically designed to protect the rights of performers, celebrities, athletes, and other individuals who possess a marketable identity within the state of Arizona. Within the context of this talent contract, there are various types that cater to different areas of commercial utilization and individuals involved. Some of these variations include: 1. Endorsement Contracts: These contracts involve a talent lending their image, voice, or likeness for the promotion and endorsement of a product or service. They typically outline the specific terms of the endorsement, such as the duration, compensation, permitted use of the talent's image, and any exclusivity clauses. 2. Merchandising Contracts: These contracts govern the licensing and commercial usage of a talent's image or likeness on merchandise, such as clothing, accessories, or collectibles. They specify the scope of the merchandise usage, royalties or compensation structure, and any quality control measures to maintain the talent's brand equity. 3. Appearance or Performance Contracts: These contracts are used when a talent agrees to make a public appearance or perform at a particular event, such as a concert, sports game, or speaking engagement. They often define the purpose, duration, compensation, and expectations of the appearance or performance, including any technical or logistical requirements. 4. Media Contracts: These contracts pertain to the usage of a talent's image or voice in various media forms, such as films, television shows, commercials, or advertisements. They cover topics like compensation, duration of usage, territory restrictions, potential reshoot clauses, and any moral rights or creative control the talent may possess. 5. Licensing Agreements: Licensing contracts authorize third parties to utilize a talent's image, voice, or likeness in connection with specific products, services, or promotional activities. They establish the terms and conditions of the license, including royalties, duration, quality control, and any restrictions on utilization. When drafting an Arizona Right of Publicity — Talent Contract, it is crucial to consider the specific needs, preferences, and legal standards within the state. This agreement ensures that talent's rights to their own public image are protected and properly compensated when entering into commercial partnerships. It offers clarity, safeguards intellectual property, and acts as a legal recourse in case of any breaches or disputes arising from the commercial use of the talent's identity.
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.