Oklahoma Right of Publicity — Picture and Name Release is a legal concept that safeguards an individual's exclusive rights to control the commercial use of their name, image, or likeness. When someone's picture or name is used for commercial purposes without their consent, it infringes upon their right of publicity, also known as their right to privacy in exploiting their own identity for profit. In the state of Oklahoma, there are different types of Right of Publicity — Picture and Name Release that can be categorized as follows: 1. General Right of Publicity Release: This type of release is a legal document specifically designed to grant permission to use an individual's picture, name, or likeness for commercial purposes. It sets out the terms and conditions under which the individual agrees to allow their image or identity to be used and specifies the compensation, if any, for such usage. 2. Model Release: A model release is a specialized form of the Right of Publicity — Picture and Name Release often used in the world of photography. It grants consent to the photographer or any third party to use the model's picture, name, or likeness for various purposes, such as advertising, promotion, or display. Model releases are typically required when photographs featuring recognizable individuals will be used for commercial purposes. 3. Celebrity Right of Publicity Release: As the name suggests, this type of release pertains to well-known individuals or celebrities. It addresses their unique right of publicity concerns, usually involving a higher degree of control over the commercial use of their name, image, or likeness. Celebrity releases may include restrictions on endorsement of specific products, competition clauses, or limitations on the duration of usage. 4. Minor's Right of Publicity Release: This release is specific to minors under the age of 18. It grants the legal guardian or parent the authority to consent to the use of the minor's name, image, or likeness for commercial purposes. Minors cannot legally enter into contracts or provide valid consent, so a minor's release transfers the responsibility of granting permission to the parent or guardian. It is important to note that these categorizations are not exhaustive, and the specific terms and conditions of picture and name releases may vary depending on the purpose of usage, industry, and other legal considerations. Obtaining a proper Right of Publicity — Picture and Name Release is crucial to ensure compliance with Oklahoma state laws and protect the interests of both individuals and businesses involved in commercial activities.
Oklahoma Right of Publicity - Picture and Name Release
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The right of publicity is an intellectual property right that protects against the misappropriation of a person's name, likeness, or other indicia of personal identity?such as nickname, pseudonym, voice, signature, likeness, or photograph?for commercial benefit.
To claim right of publicity has four requirements: The implicit use of an individual's name or likeness. The use is for commercial purposes. The action is done without the subject's consent. The usage results in personal injury.
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.
Any person, firm or corporation that uses for the purpose of advertising for the sale of any goods, wares or merchandise, or for the solicitation of patronage by any business enterprise, the name, portrait or picture of any person, without having obtained, prior or subsequent to such use, the consent of such person, or ...
A 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.
Key Right of Publicity Cases PLAINTIFFDATESTATERufo v. OJ Simpson2001CaliforniaShaw Family Archives v. CMG Worldwide & Marilyn Monroe LLC2008New YorkToney v. L'Oreal2005IllinoisVentura1995Minnesota44 more rows
California provides a civil claim for the unauthorized use of another's ?name, voice, signature, photograph, or likeness? on products or merchandise, or for the purposes of advertising or promotion. California also makes it a crime and provides a civil action if someone uses another's unauthorized signature in a ...