Illinois Right of Publicity - Talent Contract
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How to fill out Right Of Publicity - Talent Contract?
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FAQ
All parties must be in agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged -- such as cash, services, or goods (or a promise to exchange such an item) -- for something else of value.
In Illinois, the elements necessary for a valid contract are: ? An offer. An acceptance. Consideration. Ascertainable Material terms.
The Right of Publicity Act protects against unauthorized "commercial" uses of an individual's identity. Section 5 defines use for a "commercial purpose" as a "public use" for the purpose of: (i) offering the sale of products, services, etc. (ii) advertising or promoting products, services, etc.; or (iii) fundraising.
The Nature of a Contract To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
These are the three elements of a contract: (1) offer; (2) acceptance; and (3) consideration. For something to legally be considered a contract, not only must the parties have a meeting of the minds as to what is being agreed upon, but there must also be ?consideration? involved.
These are the three elements of a contract: (1) offer; (2) acceptance; and (3) consideration. For something to legally be considered a contract, not only must the parties have a meeting of the minds as to what is being agreed upon, but there must also be ?consideration? involved.
For consideration to be deemed valid, it has to contain some act, payment of money and a promise or abstinence. Therefore, one party needs to make a promise against the promise of the second party.
Illinois supplanted the common law right of publicity by enacting the Illinois Right of Publicity Act (IRPA) back in 1999. IRPA provides an individual the "right to control and to choose whether and how to use an individual's identity for commercial purposes." 765 ILCS 1075/10.