Right Of Publicity

The right of publicity is an intellectual property right that has emerged from state law, with the goal of protecting the commercial interests of public figures.  To bring a valid right of publicity claim against an offender, a plaintiff must show that (1) the defendant used the plaintiff’s identity, (2) the use was for the purpose of commercial gain, (3) it was without consent, and (4) the plaintiff suffered monetary harm as a result.

Due to the fact that we have a lot of experience representing public figures in the world of entertainment and sports, we are also well versed on right of publicity issues.  While we have litigated such matters around the country, we are especially thankful to be based in the State of Florida, which has a very favorable right of publicity statute (F.S. 540.08), that allows for a reasonable royalty and exemplary damages and/or punitive damages in certain cases.

We have successfully defended right of publicity cases and also recovered a great amount of money for clients who believe their name and/or likeness was used in a commercial manner without their consent.