Right Of Publicity Attorney

What Are Examples of a Right of Publicity Violation?

Violations of the right of publicity take many forms, ranging from blatant misuse to subtle misrepresentations. Some of the most common examples include:

• Celebrity endorsements: Using a celebrity’s image or name in an advertisement without consent.
• Biographical works: Publishing a person’s life story in books, films, or documentaries without proper authorization.
• Impersonation: Misleading the public by using someone’s identity in a way that suggests false endorsement or approval.

Recent litigation highlights how widespread these issues can be. In one case, Whitepages was sued by more than 49,000 individuals for using personal identifying information to advertise subscriptions. The case, brought under the Illinois Right of Publicity Act, resulted in a $4 million settlement.

These examples show that misuse is not limited to the entertainment or advertising industries. Any time an image, name, or likeness is used to create profit without permission, it may qualify as a violation. Knowing what these violations look like helps you recognize when your rights are being infringed upon.

How Do Right of Publicity Laws Vary by State?

A single federal law does not govern right of publicity protections. Instead, they vary by state, which means your rights depend heavily on where you live or where the unauthorized use occurred.

• In Ohio, the right of publicity is codified in statute, allowing individuals to control the use of their persona for commercial purposes. The law extends for 60 years after death, meaning heirs can enforce rights on behalf of the deceased.
  
  
• Illinois has its own Right of Publicity Act, which has served as the basis for class actions against companies that misused personal data, as seen in the Whitepages case.
  
  
• California offers some of the most expansive protections, particularly for celebrities, and recognizes both statutory and common law rights. California courts have heard numerous cases involving entertainment and digital media, shaping the broader interpretation of publicity rights nationwide.
  
  
• Other states, like New York, provide more limited protections. New York law historically restricted publicity claims to living individuals, though recent changes have extended certain rights posthumously.
  
  

Because of these differences, the legal framework can be complex. A violation that is actionable in one state may not be in another. A right of publicity lawyer can evaluate where and how to bring a claim based on the specific laws that apply.

When Does Using My Name or Image Become ‘Commercial Use’?

The right of publicity does not apply to every casual mention or depiction of a person. Instead, it focuses on situations where someone’s identity is used for commercial purposes. Courts look at how the name, likeness, or other personal characteristics are tied to money-making activities.

Common examples of commercial use include:

• Advertising products or services: Using a person’s face or name in a campaign without consent.
  
  
• Merchandising: Placing someone’s likeness on clothing, posters, or other goods for sale.
  
  
• Fundraising: Featuring a recognizable individual to encourage donations or financial support.
  
  
• Travel promotions: Using a person’s image in brochures, websites, or other tourism materials.
  
  
• Brand endorsements: Implying that a person supports or approves of a company or product without permission.

Not all uses are considered commercial. News reporting, commentary, or educational purposes often fall under free speech protections, though the line between protected speech and commercial exploitation can be blurred.

Because these distinctions can determine whether a claim succeeds, it’s important to document how your identity was used. If the context shows a direct link to financial gain, that use is more likely to qualify as commercial under publicity laws.

How Does the Right of Publicity Apply Online and in Digital Media?

The internet and digital technologies have made it easier than ever for companies and individuals to use someone else’s likeness without permission. Social media, online advertising, and even artificial intelligence create new ways for personal identities to be exploited.

For example, AI-generated images and voice replicas may simulate your likeness without consent. Social media platforms may expose personal photographs that are later used in promotions. Unauthorized digital impersonation can spread quickly, causing reputational harm before you even know it is happening.

Right of publicity law apply to these situations, though courts are still adapting to new technology. A person’s identity is considered a property right, and that includes online spaces. If someone uses your photograph, video, or digital likeness for profit, you may have a valid claim.

Protecting your online identity also intersects with other legal areas, including defamation, false light claims, and invasion of privacy. Taken together, these laws provide a framework for addressing misuse in the digital world.

At What Point Should I Take Legal Action for a Publicity Violation?

Deciding when to move forward with a right of publicity lawsuit depends on both the scale of the misuse and how it affects your life. Sometimes a simple cease-and-desist letter can resolve the issue. Other times, formal litigation is the only way to stop the violation and recover damages.

You may want to consider legal action if the unauthorized use of your identity:

• Creates financial harm, such as profits earned by someone else without your consent;
• Damages your reputation, especially if the use implies false endorsement of a product or cause;
• Exposes private details in a way that violates your right to privacy; or
• Involves continued misuse even after you’ve requested that the activity stop.

Because right of publicity claims often rely on evidence, timing plays a critical role. Collecting proof early helps build a stronger case. Examples of helpful evidence include:

• Screenshots of online ads or social media posts,
• Copies of print advertisements or promotional materials, and
• Contracts or records showing profits tied to the misuse.

An attorney can assess whether your situation meets the legal standards for a claim. Acting promptly ensures that your rights are preserved and gives you the best chance of stopping the misuse before it spreads further.

What Compensation Is Available in a Right of Publicity Case?

If your rights are violated, the law provides several forms of compensation. These may include:

• Monetary damages to reflect the financial harm caused by unauthorized use.
• Injunctive relief to stop ongoing or future misuse of your identity.
• Reimbursement of profits earned by the infringer as a result of the unauthorized use.
• Punitive damages to penalize the infringer and deter similar conduct in the future.

The type and amount of compensation will depend on the nature of the violation and the jurisdiction where the case is filed. Courts often look at the value of your identity, the profits generated by the unauthorized use, and the harm to your reputation.

Studies show that working with an attorney can significantly impact results. A Martindale-Nolo survey found that individuals represented by lawyers secured higher compensation compared to those who pursued claims on their own.