California Right of Publicity Attorney

Protect Your Image!

You’re a musician, actor, actress, model, or celebrity, and you’ve spent a lot of time and money developing your brand and identity.

One morning in Monaco, you wake up to messages congratulating you for being the face of the new billboard ad for Hakkasiq club in Las Vegas- and you’re like, what the heck? You don’t remember signing that deal. You call your manager and your agent, and they don’t remember that deal either.

I represent entertainers, celebrities, and models who experience harm due to right of publicity issues. If your name, voice, photograph or other personal aspects have been used without your permission, talk to me as soon as possible.

These days it’s easy for someone to steal photos off social media and use them for advertising, but you have the right to control the commercial exploitation of your identity.

You may have a claim against the person or business, and you may be entitled to compensation.

What Is Right Of Publicity?

California has two systems of Right of Publicity law: a statute, and a common law right.

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California's statute, California Civil Code section 3344, protects a person's:

Name
Voice
Signature
Photograph
Likeness

California Civil Code section 3344 states in part that someone using “another’s name, voice, signature, photograph, or likeness” on products or in advertising without that person’s prior consent will be liable for damages suffered by that person.

You can bring a statutory and common law right of publicity claim within two years of finding out about the unauthorized use.

What damages can you recover under the statute and common law?

You can pursue claims for violations of both the common law and the statute. The statute entitles a successful claimant to:

“Actual damages suffered” or $750 per unauthorized use, whichever is greater
Defendant’s profits that are “attributable to the use”
Punitive damages “may” also be awarded under the statute; California law limits punitive damages to cases of “oppression, fraud, or malice.” and
The winning side in a statutory case shall receive his/her attorney’s fees and costs.

or maybe you just want the person or company to stop using your name, voice, signature or image without your permission.

Have a Right of Publicity matter?

Contact Oliva Law Group, P.C., today.

If you believe your name, voice, signature, photograph or likeness was used online or through offline media, Dani Oliva can help you with your right of publicity claim. Call 213-537-8357 or message us to set up a free consultation.

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