Puerto Rico Right of Publicity — Picture and Name Release refers to the legal protection provided to individuals for the commercial use of their name, likeness, and image within the jurisdiction of Puerto Rico, a United States territory located in the Caribbean. This right safeguards the exclusive control over the commercial exploitation of an individual's identity, granting them the ability to authorize or prohibit the use of their picture or name for commercial purposes. As a distinct legal concept, the Puerto Rico Right of Publicity — Picture and Name Release encompasses different types of releases, varying in their scope and applicability. Some of these releases are: 1. General Release: A comprehensive release that grants permission for the use of an individual's name and likeness in any commercial context. This type of release allows for a broad range of uses, including advertising, promotional campaigns, endorsements, and merchandise. 2. Limited Release: A release that authorizes the use of an individual's name and likeness for specific purposes or within designated industries or platforms. This type of release may limit the duration, location, or nature of the permitted use, ensuring more control over the commercial exploitation. 3. Model Release: A specific type of release that focuses primarily on the use of an individual's likeness in relation to advertising, marketing, or promotional activities. A model release is commonly used in the context of photography or videography, ensuring that the subjects' consent is obtained for the commercial use of their image. 4. Endorsement Release: An agreement that grants permission for the use of an individual's name and likeness in endorsing or promoting a particular product, service, or brand. This release enables companies to associate a well-known person's reputation, credibility, and image with their offerings, enhancing their marketing efforts. 5. Sponsorship Release: A release used when an individual sponsors or is sponsored by a brand or organization to endorse their products, services, or events. This release allows for the use of the individual's name and likeness in various promotional materials, highlighting the brand's association with the sponsor or vice versa. It is important to note that the specific provisions, requirements, and legal implications of the Puerto Rico Right of Publicity — Picture and Name Release may vary based on individual circumstances and the agreements entered into by the involved parties. Consulting with legal professionals familiar with Puerto Rican law is crucial to ensure compliance and protection of rights in such matters.
Puerto Rico Right of Publicity - Picture and Name Release
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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.
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.
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 ...
139 of July 13, 2011, known as the Right of Publicity Act, (the ?Act?). The Act grants independent and specific protection, not only for celebrities and public figures, but also for private individuals, whose persona has been used for commercial purposes without his or her consent.
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