This is the agreement between the licensee and the manager, governing their relationships and rights. It addresses such things as the right to use name and likeness, content delivery, public appearances and telephone interviews, as well as copyright and confidentiality issues.
Nevada Celebrity Name and Likeness Release for Use on a Web Site
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Multi-State
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US-DB1109AM
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FAQ
California provides a civil claim for the unauthorized use of another's ?name, voice, signature, photograph, or likeness? on products or merchandise, or for the purposes of advertising or promotion. California also makes it a crime and provides a civil action if someone uses another's unauthorized signature in a ...
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.
You should consider contacting the person or their agent and get written permission before using any aspects of their identity. You may have to pay to obtain those rights. You need to investigate the use of a deceased person's name to determine if any rights still exist, and who holds those rights.
Most often, the protectable trademarks of a famous person are his name, and sometimes his likeness. Not all personal names are trademarks. Indeed, not all celebrity names are trademarks. A trademark is a word, name, graphic, phrase, color, sound or even a smell that identifies a single source of goods or services.
The right of publicity is not only for celebrities. Any person whose name or image is used to sell products may claim a misappropriation of this right. For example, if a child's photograph is taken and used to sell toys, that child could claim a misappropriation of the right of publicity.
Key Right of Publicity Cases PLAINTIFFDATESTATERufo v. OJ Simpson2001CaliforniaShaw Family Archives v. CMG Worldwide & Marilyn Monroe LLC2008New YorkToney v. L'Oreal2005IllinoisVentura1995Minnesota44 more rows
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.
A violation of this right occurs when an individual's name, likeness or identity has been misappropriated by another for commercial purposes. The victim in such a case is entitled to recover for the unauthorized economic gain by the tortfeasor.
