The Maryland Right of Publicity — Talent Contract refers to a legal agreement that governs the relationship between a talent (such as a performer, model, or athlete) and a third party (typically an agency or employer) regarding the use of the talent's persona or likeness for commercial purposes. This contract specifically pertains to individuals in Maryland, as the right of publicity laws may vary from state to state. In Maryland, the right of publicity is protected by common law and various statutes. The right of publicity generally grants individuals the exclusive right to control and profit from the commercial use of their name, image, likeness, or other personal attributes. A Maryland Right of Publicity — Talent Contract includes detailed clauses and provisions that outline the scope of the talent's rights, the compensation arrangement, and the permitted uses of the talent's persona. Some of the essential elements that may be addressed in the contract include: 1. Identification of the Parties: The contract must clearly identify the talent and the contracting party, whether it is an agency, production company, or any other individual or entity. 2. Grant of Rights: The contract should specify the specific rights being granted by the talent to the contracting party. This may include the right to use the talent's name, voice, image, signature, likeness, or other personal attributes. The contract should also state the duration and geographic scope of these rights. 3. Compensation and Payment Terms: The contract should clearly outline the compensation the talent will receive for the use of their persona. This may include a negotiated fee, royalties, profit-sharing arrangements, or any other agreed-upon compensation structure. Payment terms, such as when and how the talent will be paid, should also be included. 4. Permitted Uses and Restrictions: The contract should specify the specific purposes for which the talent's persona can be used. This may include endorsements, advertising campaigns, merchandising, sponsorships, or any other form of commercial utilization. The contract should also outline any restrictions on the use of the talent's persona, such as exclusivity clauses or limitations on competitors or conflicting products. 5. Termination and Cancellation: The contract should include provisions for termination and cancellation, indicating the circumstances under which either party can terminate the contract. This may include breach of contract, non-payment, or other agreed-upon conditions. Notice periods and dispute resolution mechanisms should also be included. It is important to note that there may be different types or variations of Maryland Right of Publicity — Talent Contracts, depending on the specific circumstances and industry involved. For example, a model may have a separate contract compared to a singer or an athlete. However, the fundamental purpose of all these contracts remains the same — to protect the talent's right of publicity and ensure fair compensation for commercial exploitation of their persona in Maryland.
Maryland Right of Publicity - Talent Contract
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To write effective and enforceable business contracts, you need to include a number of contract clauses. These include indemnification, force majeure, copyright, termination, warranties and disclaimers, and privacy.
The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.
Consultant shall make no public announcements or engage in any marketing or promotion concerning this Agreement Agreement, or the work performed hereunder without the advance written consent of Company, which consents, shall not be unreasonably withheld.
A Standard Clause regarding public announcements, also known as a publicity clause, used to control the dissemination of information regarding a commercial contract and its terms.
An agreement between an agency and a performer (such as a singer or actor) in which the agency agrees to find work and negotiate contracts on behalf of the performer in return for a commission on their earnings.
This Standard Clause prevents each party from issuing press releases, making any public announcements, or communicating with the media without the consent of the other party. It includes common exceptions for legally required and other necessary disclosures.