Unauthorized Use of Name and Likeness
Unauthorized use of name or likeness of another person is not allowed unless the likeness or name is used for the purpose of commercial gain. It is also prohibited when the use of a person's likeness occurs in media that are not covered by the release. Before making any kind of use of someone's likeness or name, it is important to consult legal counsel. If the use involves a real-life figure, it is also important to seek permission from the person's agent.
An example of unauthorized use of name or likeness is misappropriation of a person's name and picture for commercial purposes. The plaintiff must show that the defendant used the name or likeness without the consent of the owner of the right. The plaintiff must also prove that the use of the likeness or name has a significant impact on the public's perception of the person. This is not always an easy task.
In some cases, a celebrity cannot file a lawsuit for unauthorized use of his or her name or likeness because the use does not have a commercial value. Non-celebrities can only file a lawsuit if the person has not waived his or her right to publicity. The right of publicity, on the other hand, can exist even after a celebrity has died. In other cases, the right of publicity applies to any commercial use of a person's name.
This section of the law outlines the remedies that a person can pursue in an unauthorized use of name or likeness case. If someone uses another person's name or likeness without the owner's consent, it is illegal. A court will also hold the person responsible if he or she uses the person's likeness or name for commercial purposes. However, the laws regarding unauthorized use of name and likeness are cumulative.
While a celebrity cannot prevent the use of their name and likeness in newsworthy materials, a person can prevent the use of their name and likeness by taking steps to protect their right to publicity. However, a celebrity must still be present when a publication uses his or her name or likeness for commercial purposes. Moreover, a celebrity should not endorse a product. Even if a celebrity is not in an ad, the publication should ask for permission before using his or her image or likeness.
Although a celebrity can claim compensation for unauthorized use of his or her name and likeness, a lawsuit based on appropriation of a person's name or likeness should be filed within two years of the infringement. The statute of limitations varies by country and state. If the image was used for news purposes, a celebrity can seek recovery within two years. A third defense is the use of a person's name or likeness for commentary or news. In these cases, the defendant must prove actual malice or the lawsuit will fail.
While an individual can claim that an unauthorized use of his name or likeness has caused him to suffer a monetary injury, it is still possible for a celebrity to claim that the unauthorized use of their name or likeness violates their rights to publicity. While this is a rare situation, it does happen. If someone is using your name without your permission, they are violating your rights. In addition to compensating the individual, a celebrity can sue to prevent others from using his name or likeness.