Can you use someone's likeness?

California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.

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Grant of Right to Use Photographic Likeness for Advertising Purposes

Photographic Likeness

Name: Grant of Right to Use Photographic Likeness for Advertising Purposes
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.73 (473 reviews)

Category:

Contracts - Photography

State:

Multi-State

Control #:

US-02198BG

Format:

Instant download

Description Likeness Purposes Agreement

Grant of Right to Use Photographic Likeness for Advertising Purposes

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Grant Use Likeness FAQ

When a business uses the image or likeness of an individual without his or her consent or permission, they may file a suit for misappropriation of likeness.In many states, those that use a person's likeness or characteristics may be sued if they use these for personal gain or exploitative purposes.

Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.

It is generally permissible for people to take photographs at any public place or any private place that they own or rent. Being present on someone else's private property generally requires the property owner's consent to take photos.

California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.

The right of publicity, sometimes referred to as personality rights, is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers.

You cannot trademark your likeness just to prevent its use without your express permission; there must be a commercial activity associated with your likeness in order for you to register for a trademark. The United States Patent and Trademark Office will not register a trademark simply for the sake of registration.

The celebrity's likeness is not copyrightable, but celebrities have a right of publicity.Courts in recent cases have found First Amendment protection for artists using the celebrities' images in certain art works. These cases do not state that an artist can exploit a celebrity's likeness without permission.

Photographic Likeness

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