Why Choose Our Los Angeles Right of Publicity Lawyers?
Yadegar, Minoofar & Soleymani, LLP, is a firm of Los Angeles attorneys with extensive experience protecting the intellectual property rights of Californians. We can advise you on various legal aspects, including licensing, contracts, and enforcement.
- We understand the importance of safeguarding your image or brand.
- We take the time to understand your specific needs, concerns, and goals, and will tailor our approach to your individual situation.
- We will help you develop strategies to prevent unauthorized use, handle defamation or privacy concerns, and address potential threats to your public image.
What is the Right of Publicity?
The right of publicity refers to an individual’s right to control and profit from the commercial use of their name, image, likeness, or other identifiable aspects of their persona. It grants individuals, celebrities, and public figures the exclusive right to determine how their identity is used in various contexts, including endorsements, advertisements, merchandise, entertainment products, and more.
The specific scope and protection of the right of publicity vary among jurisdictions. In Los Angeles, California Civil Code Section 3344 establishes California’s statutory right of publicity. It states that individuals have the exclusive right to control the use of their name, voice, signature, photograph, or likeness for commercial purposes during their lifetime. The law also provides individuals with the ability to enforce their rights and seek legal remedies for the unauthorized use or exploitation of their identity.
However, California also provides certain exceptions and limitations. For example, the use of an individual’s identity for purposes of news reporting, commentary, or artistic expression may be protected under the First Amendment and not considered a violation of the right of publicity.
Damages in Right of Publicity Cases
If a plaintiff (injured party) successfully proves a violation of their right of publicity in Los Angeles, they may be entitled to various types of damages, such as the following:
Actual Damages
Actual damages refer to the economic harm suffered by the plaintiff as a result of the unauthorized use of their identity. This can include financial losses, such as lost profits or royalties that the plaintiff would have earned if they had been properly compensated for the use of their identity.
Profits and Gains
In addition to actual damages, a plaintiff may also seek the disgorgement of any profits or financial gains obtained by the defendant through the unauthorized use of the plaintiff’s identity. This means the defendant may be required to surrender the profits they earned from exploiting the plaintiff’s identity.
Statutory Damages
Even if the plaintiff cannot prove actual damages, California law provides for statutory damages for violations of the right of publicity. Statutory damages can range from a minimum of $750 to a maximum of $750,000 for each unauthorized use, depending on the circumstances of the case. The prevailing party may also be entitled to attorney’s fees and costs.
Punitive Damages
In certain situations where the defendant’s conduct is deemed particularly egregious, a court may award punitive damages. Punitive damages are intended to punish the defendant and deter similar behavior in the future.
In some cases, plaintiffs can also seek injunctive relief, which is a court order that prohibits the defendant from continuing to use the plaintiff’s identity without permission.
Call Our Right of Publicity Attorneys in Los Angeles Today
Right of publicity cases involve complex legal issues and require specialized knowledge. Our team at YMS can help you secure favorable outcomes and protect your interests. To meet with our highly skilled and trusted LA right of publicity attorneys, call our office at (310) 499-0140 or send us a message online to arrange a free consultation.