Kentucky Right of Publicity — Picture and Name Release is a legal concept that protects individuals from unauthorized use of their name, image, or likeness for commercial purposes. It grants individuals the exclusive right to control and profit from their own publicity rights. This means that without the individual's consent, no one else can use their picture or name in any commercial context. In Kentucky, there are two types of releases that fall under the Right of Publicity — Picture and Name Release: 1. Informed Consent Release: This release form is used when individuals willingly provide their consent to allow their name and picture to be used for specific commercial purposes. It ensures that the individual understands the context in which their name and image will be used, and they agree to such usage. 2. Model Release: A model release is specific to the use of an individual's likeness in the realm of modeling or advertising. It is a legal contract between the model and the entity using their image, granting permission for its use and often outlining the specific terms and conditions under which the image can be utilized. Both of these release forms are crucial in maintaining an individual's control over their publicity rights in Kentucky. They serve as a legal safeguard, allowing individuals to protect their image and name from unauthorized exploitation or misrepresentation. These releases provide a means for individuals to retain control over how their identity is used for commercial gain, ensuring their right to privacy and fair compensation. It is important for businesses, advertisers, and individuals alike to be aware of the Kentucky Right of Publicity — Picture and Name Release requirements. Failing to obtain proper consent or violating an individual's publicity rights can lead to legal consequences, including potential lawsuits and financial damages. In conclusion, the Kentucky Right of Publicity — Picture and Name Release is a fundamental legal concept that protects individuals from the unauthorized use of their name and likeness for commercial purposes. It consists of informed consent and model release forms, which allow individuals to control and profit from their own publicity rights, while also ensuring that businesses and advertisers operate within legal boundaries.
Kentucky Right of Publicity - Picture and Name Release
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For example, a business may use an individual's personal photograph without consent to advertise its product. Here, the defendant's conduct would involve an unpermitted commercial purpose. Alternatively, a person may use a plaintiff's name and personal information without consent for professional gain.
The right of publicity is not only for celebrities. Any person whose name or image is used to sell products may claim a misappropriation of this right. For example, if a child's photograph is taken and used to sell toys, that child could claim a misappropriation of the right of publicity.
Key Components of the Right of Publicity the defendant used the plaintiff's identity or persona; such appropriation was for the defendant's advantage, commercial or otherwise; the plaintiff did not consent to the use of the plaintiff's identity; and. the appropriation is likely to cause injury to the plaintiff.
Hear this out loud PauseCommon Law - Right of Publicity To establish a common law claim a plaintiff must prove: (1) the defendant used the plaintiff's identity; (2) the appropriation was for defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.
Hear this out loud PauseA violation of this right occurs when an individual's name, likeness or identity has been misappropriated by another for commercial purposes. The victim in such a case is entitled to recover for the unauthorized economic gain by the tortfeasor.
Common Law - Right of Publicity To establish a common law claim a plaintiff must prove: (1) the defendant used the plaintiff's identity; (2) the appropriation was for defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.