Right of Publicity

What types of “Damages” qualify under California Right of Publicity law?

Nov 17th, 2017 | By
Civ code 3344 damages

California Right of Publicity Law Firm – Damages Overview Introduction Many attorneys mistakenly believe that you have to have HARD DAMAGES to prove a right of publicity case (or invasion of privacy) in California.  However, the case law recognizes many different types of injury, financial and non-financial that needs to be considered in every case. 

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California post-mortem right of publicity, Lanham Act and the first amendment

Jun 25th, 2017 | By
Cal Civ Code 3344.1 attorney

California Right of Publicity Essentials – “Post Mortem” rights to name, image and likeness under ROP and Federal Lahnam Act. Introduction Does California have a post-mortem right of publicity?  The short answer is YES!!!  This blog will talk about it and how it works.  There’s an old saying in the law which says “you cannot

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First amendment and “public affairs” defenses under California Right of Publicity law

Jun 14th, 2017 | By
LA media and publicity attorney

First Amendment & Social Media Law Firm – Right of Publicity Defenses – News and Public Affairs! Introduction Before filing a lawsuit for misappropriation of identity (name, image and likeness) which can be a form of misappropriation as well as a form of invasion of privacy, it is important to understand the “first amendment aspects.”

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Unauthorized commercial use of model photos on facebook can lead to right of publicity win

Jan 8th, 2017 | By

California Right of Publicity Updates – 2016 Verdict and discussion of assignability of rights of publicity to a image protection agency – Timed Out, LLC.  Introduction Here is one case I recently reviewed involving a California right of publicity case.  To learn more about our CA right of publicity practice area go here.  We have

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Right of Publicity Sample Demurrer Language

Jun 20th, 2016 | By
LA lawyer publicity law

Litigation Warrior – Opposing a Demurrer in California ROP cases (sample language)  Introduction Right of publicity, to me, is a form of intellectual property.  A person (whether famous or not) has a legal right to control the commercial use of their identity – name, image, nickname, likeness, voice, photo, signature etc.  Yet in a competitive

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California right of publicity and punitive damages

Jun 16th, 2016 | By
LA publicity attorney

Are PUNITIVE damages available for misappropriation of identity invasion of privacy cases in CA?   Introduction Some Defendants are surprised to learn that merely using someone elses name, picture, or image on their website, newspaper, podcast or other area could trigger a right of publicity cause of action (which is a form of invasion of

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Real Estate Reality TV, listing videos and the right of publicity

Apr 24th, 2015 | By
Right of Publicity Attorney

Real Estate Social Media Series – Reality Shows, Listing Videos, Firm Commercials & Open House Videos. Introduction As the world becomes more innovative, and real estate companies enter “the real world” as far as marketing and advertising is concerned, and given the growth of digital video technology even a small real estate company can now

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What to do when a Defendant violates your right of publicity?

Feb 11th, 2015 | By
LA right of publicity attorneys

Digital dispute series – Unauthorized commercial use of image and identity – California right of publicity and celebrity endorsement cases Introduction Every person has the right to control the commercial use of their identity 9name, image, voice, likeness etc.).  This has sometimes been called “personality rights” and to prevent the invasion of privacy which results

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Does Arizona have a right of publicity law?

Sep 7th, 2014 | By
Celebrity rights lawyer

Does Arizona recognize a “Right of Publicity.” Attorney Steve Vondran chimes in on this important intellectual property law topic.  Many states, like California, have a statutory right of publicity that protects all persons and their name, image, and likeness, and gives to each person a right to control the commercial exploitation of their identity (or

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