The Ohio Right of Publicity — Talent Contract refers to a legal agreement that addresses the rights and obligations between a talent (such as an actor, musician, or athlete) and a third party seeking to exploit the talent's name, likeness, or other aspects of their identity for commercial purposes within the state of Ohio. This contract is designed to protect the talent's image, reputation, and commercial value, as well as ensure fair compensation and control over the authorized use of their persona. Keywords: — Ohio Right of Publicity: Refers to the legal framework established in Ohio that grants individuals the exclusive right to control and exploit their own image and persona for commercial purposes. — Talent Contract: A contract that governs the terms and conditions of the agreement between a talent and a third party, outlining the permitted use of the talent's likeness, name, voice, signature, and personal characteristics for commercial gain. Types of Ohio Right of Publicity — Talent Contracts: 1. Exclusive Talent Contract: This type of contract grants the third party exclusive rights to the talent's likeness, name, and other personal attributes within Ohio. The talent agrees not to authorize any other parties to use their identity for commercial purposes during the contract period. 2. Non-exclusive Talent Contract: In this contract, the talent retains the right to authorize multiple parties to use their likeness or identity for commercial purposes within Ohio. The third party seeking to exploit the talent's persona must negotiate the terms of the contract based on the exclusivity desired. 3. Limited Use Talent Contract: This agreement restricts the third party's usage of the talent's identity to specific purposes, such as advertising a particular product or promoting an event, within Ohio. The contract clearly outlines the scope, duration, and limitations of the permitted use. 4. Endorsement Talent Contract: This type of talent contract is focused on endorsing or promoting a specific product, brand, or service within Ohio. It outlines the talent's obligations regarding appearances, social media posts, and other marketing activities associated with the endorsed product. Overall, the Ohio Right of Publicity — Talent Contract is a crucial legal document that ensures the talent's rights are protected, enabling them to control their identity's commercial use while securing fair compensation for their talent and image within the state of Ohio. It provides a framework for a mutually beneficial relationship between the talent and the third party seeking to exploit their persona.
Ohio Right of Publicity - Talent Contract
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How to fill out Ohio Right Of Publicity - Talent Contract?
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FAQ
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.
Key Components of the Right of Publicity the defendant used the plaintiff's identity or persona; such appropriation was for the defendant's advantage, commercial or otherwise; the plaintiff did not consent to the use of the plaintiff's identity; and. the appropriation is likely to cause injury to the plaintiff.
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.
Even if the plaintiff cannot prove actual damages, California law provides for statutory damages for violations of the right of publicity. Statutory damages can range from a minimum of $750 to a maximum of $750,000 for each unauthorized use, depending on the circumstances of the case.
Generally speaking, the right of publicity in Ohio protects against unwarranted appropriation or exploitation of one's personality. Ohio has two systems of right of publicity law: a statutory right as a property interest, and a common law right as a right of privacy.
Defenses to Publicity Rights Claims Although there is no guaranteed list of defenses to privacy actions, the following are defenses that are often upheld: Public interest matters. Parodies. Expressive works of free speech and/or fiction.
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.
Generally, the right of publicity applies only to the sale of products or services. It does not cover non-commercial uses of a name or image, such as photos or video clips that accompany newspaper articles or newscasts. (Public officials thus may face greater obstacles in establishing misappropriation.)