North Dakota Right of Publicity - Talent Contract

State:
Multi-State
Control #:
US-DB1107AM
Format:
Word; 
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Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.
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FAQ

The unauthorized use of the name or likeness of a person in order to sell one's goods or services.

These consequences are part of the right to image. The right to image derives from the regulations for the protection of private life and article XI. 174 of the Code of Economic Law. Under these regulations, a person's permission must be sought to make, display or reproduce their image.

In short: If you created an original image, you own it. That ownership gives you exclusive rights to display and reproduce what you create. If you didn't create it, you need permission to use it.

Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers.

The infringement, therefore, is based on the illegitimate use of the person's name, a misrepresentation that the person endorses a particular product or service, and the violation of their human dignity.

The Copyright Act of 1976, which is the main copyright law in the United States, protects copyright owners. Unless the content is in the public domain, someone who posts it without permission and/or attribution may be liable for copyright infringement.

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.

Generally speaking, the copyright belongs to the person who created the image ? in the case of a photograph the person who took it (i.e. the photographer.) There are some exceptions to this ? for example if the photographer is an employee (for example in a large studio) the copyright belongs to their employer.

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North Dakota Right of Publicity - Talent Contract