Name, Image, and Likeness: How to Protect Your Right to You

Creating a personal brand can be a way to establish an authentic image and stand out from the crowd. For most people, personal branding is a communications strategy rather than a career path. A carefully cultivated personal brand lets people know at a glance who we are, what we stand for, and the value we provide.

But for anyone with a degree of celebrity, their livelihood can depend on or at least be tied to their personal brand. Celebrity is a strong currency in our media-driven culture. How much somebody benefits from their status as a public figure depends largely on how well they control their own brand. If public figures do not protect their name, image, and likeness, somebody else could profit from them.

Understanding the Right of Publicity

When a company has created a valuable idea, design, symbol, product, or work of authorship, it has intellectual property rights that can be protected under patent, trademark, or copyright law. Once a patent, trademark, or copyright is registered with the appropriate government agency, its owner has additional tools to enforce their rights against unauthorized use by others.

Contracting Out Name, Image, and Likeness

Athletes, celebrities, and influencers have the right to control how their name, image, and likeness are commercially used. If another individual or company attempts to use their personal brand in an unauthorized or improper way for its own profit, such use could provide cause for legal action.

How Much Are My Name, Image, and Likeness Worth?

All of this begs the question of how much a person’s name, image, and likeness are worth in monetary terms. This consideration will come into play if someone sues over a breach of their right of publicity. It can also be a factor in estate planning if the right of publicity survives beyond the death of the person with celebrity status under state law.

Know Your Rights. Protect Your Brand.

The internet has broadened the celebrity sphere. Today’s online influencers can garner a fan base that used to be reserved for famous movie stars, musicians, and athletes. Specialty niches abound, providing a YouTube streamer or an Instagram model the opportunity to build their personal brand into a personal empire, complete with endorsement deals.

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