Illinois Right of Publicity - Picture and Name Release

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Illinois Right of Publicity — Picture and Name Release: Understanding the Basics The Illinois Right of Publicity refers to the legal protection provided to individuals in Illinois regarding the use of their name, image, likeness, and other identifying characteristics for commercial purposes without their consent. This right aims to maintain an individual's control over their own identity and prevent unauthorized exploitation. In Illinois, a Picture and Name Release is a legal document utilized in various situations where an individual's name or image is used for commercial purposes. This release ensures that the person involved has given their explicit consent for such usage, thereby protecting both the individual's rights and the party seeking to use their image. There are different types of Illinois Right of Publicity — Picture and Name Releases, each catering to specific circumstances: 1. General Picture and Name Release: This release form is commonly used when an individual's image and name are required for commercial purposes, such as for advertisements, endorsements, or promotions. It grants permission to the entity or individual to use the person's likeness and name as specified in the release. 2. Model Release: Specifically relevant to models or individuals who pose for photographs or participate in modeling assignments, this release grants the photographer, agency, or the entity commissioning the work the right to use the model's pictures for commercial purposes. It ensures the model's consent and may include provisions regarding usage, duration, compensation, and any potential limitations. 3. Film and Video Release: This type of release is essential in the entertainment industry. It grants permission for the use of an individual's name, image, likeness, and performance in films, documentaries, television shows, or any other video-based production. This release is typically signed by actors, extras, or any individuals involved in the production. The content of an Illinois Right of Publicity — Picture and Name Release typically includes the following: 1. Identity of the Parties: Clearly identifying the individual granting the release (referred to as the 'Releaser') and the party seeking permission to use the name or image (referred to as the 'Released'). Include their full names, addresses, and contact information. 2. Grant of Rights: A clause stating that the Releaser grants the Released the right to use their name, image, likeness, and any other associated characteristics for the specified purposes. 3. Limitations and Restrictions: Any specific limitations or restrictions on the usage may be outlined, such as the duration, geographic scope, or exclusivity of the rights granted. 4. Compensation: If applicable, the agreement should specify whether the Releaser will receive compensation for the usage of their name or image, and if so, the amount and manner of payment. 5. Indemnification: A provision stating that the Released will indemnify and hold the Releaser harmless from any claims, lawsuits, or liabilities arising from the use of the name or image. 6. Governing Law and Jurisdiction: Specifying that the release agreement will be governed by the laws of Illinois and any disputes will be resolved within the state's jurisdiction. It is important to note that the content of an Illinois Right of Publicity — Picture and Name Release may vary depending on the specific circumstances and parties involved. Seeking legal advice or utilizing templates provided by legal professionals is advisable to ensure compliance with the applicable laws and protection of rights for all parties involved.

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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.

What is a Release for Use of Likeness? When you need to use someone's image (for instance, a photograph or video) in a publication, like a newsletter, magazine or website, a Release for Use of Likeness gives you permission from the person in that image.

The Illinois Right of Publicity Act (IRPA) prohibits the nonconsensual use of another individual's identity for a ?commercial purpose,? defined by the statute as ?the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or ...

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.

The other elements of the promotional mix are advertising, sales promotion, direct marketing and personal selling. Organizations will sometimes organize events designed to attract media coverage, and subsequently, provide positive publicity; these events are known as publicity stunts.

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.

What Is Right of Publicity? 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.

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.

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(3) use of an individual's name in truthfully. identifying the person as the author of a particular work or program or the performer in a particular performance ... This page covers legal information specific to the State of Illinois. For more general information, see the Legal Guide page on Using the Name or Likeness ...Oct 5, 2007 — Often this is done by having the individual sign a Model Release granting you the right to use the person's name and/or image for commercial ... The answer is that you should always attempt to obtain a release from any individual who is personally identifiable in the image/video/audio. The following is ... ” Although the statute defines identity as including name, signature, photograph, image, likeness or voice, it does not limit claims to uses of those attributes ... hereby authorize the ILLINOIS DEPARTMENT OF HUMAN SERVICES, (Facility, Agency, Person) to use/disclose the specified medium checked as follows: Photographs. These include: 1. Granter Identification: The release form would require the Granter's full name, address, contact information, and other identifying details. 2 ... Download Illinois Photo Release Form template, modify and send for signing using BoloForms Signature. General Photo Release Form: This form grants the employer permission to capture and use the employee's photo or image for any promotional or marketing purposes ... These include: 1. Granter Identification: The release form would require the Granter's full name, address, contact information, and other identifying details. 2 ...

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Illinois Right of Publicity - Picture and Name Release