Right to Publicity

What is the Right to Publicity?

Put plainly, it is the right to prevent someone from using your name or likeness for commercial purposes. In Florida, individuals have both statutory and common law rights of publicity.

The four (4) forms of identity protected are an individual’s name, portrait, photograph, and likeness.

How does this affect your business?  While you do have to be a natural person to assert your right of publicity, an entity that has licensed an individual’s likeness may give them standing to assert a right of publicity claim because of heir proprietary interst in that person’s likeness as a licensee. 

If your business has (or wants) to hire a spokesperson (celebrity or otherwise) it is important you (1) have an appropriate licensing agreement in place and (2) are able to protect your investment should someone attempt to profit from your efforts.

If you are a natural person who relies on their image or likeness to earn a living (i.e. influencers) then the terms of any licensing agreements you enter into have a huge impact on your business and brand.