The Oregon Right of Publicity — Talent Contract is a legal agreement that governs the commercial use of an individual's name, likeness, voice, or other identifiable attributes. It grants control and protection to individuals over the commercial exploitation of their publicity rights, ensuring they have the authority to license or prohibit the use of their identity in advertisements, endorsements, films, merchandise, and any other medium. This talent contract is specifically designed to safeguard the interests of artists, performers, athletes, celebrities, and other talent in Oregon. It serves as a comprehensive framework for talent and their management teams, production companies, advertisers, and other entities seeking to engage in business transactions involving the use of a person's identity for promotional or commercial purposes. The Oregon Right of Publicity — Talent Contract outlines the specific terms and conditions agreed upon between the talent and the contracting party, ensuring both parties understand their rights, responsibilities, and the limitations imposed on the use of the talent's likeness. Some key provisions typically included in the contract are: 1. Grant of Rights: This section specifies the rights being granted, such as the right to use the talent's name, image, voice, or other identifiable attributes, the duration of the agreement, and the territory where the rights will be exercised. 2. Compensation and Royalties: Details the compensation for the use of the talent's likeness, including upfront payment, royalties, or other forms of remuneration. It may also include provisions for audits to ensure accurate reporting and payment. 3. Exclusivity and Competing Engagements: Addresses whether the talent will be exclusive to the contracting party during the term of the contract or whether they are allowed to engage in similar endorsements or appearances with competitors. 4. Approved Uses and Restrictions: Sets forth the specific purposes, mediums, and contexts in which the talent's identity can be utilized. It may include guidelines on appropriate associations, endorsements, or editing restrictions. 5. Indemnification and Liability: Specifies each party's responsibility for any claims, damages, or liabilities arising from the use of the talent's likeness and ensures that the contracting party will indemnify the talent against any legal issues that may arise. 6. Termination Clause: Provides terms and conditions under which the contract can be terminated by either party, including notice requirements and provisions for the disposition of materials produced during the contract. Different types of Oregon Right of Publicity — Talent Contracts may vary based on the specific industry, talent type, and the nature of the commercial use involved. For instance, some common variations include: 1. Endorsement Contracts: Contracts that allow the talent to endorse or promote a product, brand, or service in exchange for compensation. 2. Licensing Agreements: Contracts that grant third parties the rights to use the talent's likeness in connection with the production and distribution of various merchandise, such as clothing, accessories, or collectibles. 3. Talent Management Agreements: Contracts that outline the overall relationship between the talent and their management team, covering various aspects beyond the right of publicity, such as career management, bookings, and financial arrangements. In summary, the Oregon Right of Publicity — Talent Contract is a vital legal instrument that protects the rights and interests of individuals in regard to the commercial exploitation of their identity. It ensures appropriate compensation and control over how their likeness is used, helping both talent and contracting parties navigate business transactions within the entertainment, sports, and advertising industries.
Oregon Right of Publicity - Talent Contract
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In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them.
Grimaldi,29 the Second Circuit held that the state of Oregon would have recognized a right of publicity in the plaintiff despite the fact that Oregon has no statute regarding right of publicity and that the Oregon Supreme Court had only suggested in dicta that such a right would be recognized. What's in a Name, Likeness, and Image? The Case for a Federal ... americanbar.org ? september-october ? what... americanbar.org ? september-october ? what...
The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages. Conversion - The Basic Tort | Stimmel Law stimmel-law.com ? articles ? conversion-basi... stimmel-law.com ? articles ? conversion-basi...
False light falls under ORS 12.120(2) which sets a 1 year limitation on libel and slander suits "when a claim characterized as false light alleges facts that also constitute a claim for defamation." Note, "catch-all statute" ORS 12.110(1) sets 2 year limit. False Light: Oregon uoregon.edu ? tgleason ? FLOregon_j385 uoregon.edu ? tgleason ? FLOregon_j385
Invasion of Privacy. An invasion of privacy is an intentional intrusion, physical or otherwise, upon plaintiff's private affairs or concerns, which would be offensive to a reasonable person. Oregon: Common Law | Without My Consent Without My Consent ? state-guides ? common... Without My Consent ? state-guides ? common...
False light is publicity that unreasonably places someone in a false light before the public. False light involves misleading depictions that create false impressions of victims. This overlaps with defamation cases because defamatory statements can involve the same issues.
To prove tortious interference or the intentional interference of a third party, one must prove: A contractual or business relationship existed. The third party knew about the contract or the business relationship.
False light is one of the four categories of "privacy torts" (the others being misappropriation, intrusion, and publication of private facts). While the nature of false light claims vary by state, they generally protect people from offensive and false facts stated about them to the public.