West Virginia Right of Publicity - Talent Contract

State:
Multi-State
Control #:
US-DB1107AM
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.
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FAQ

The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.

To state a claim for common law misappropriation of your right to publicity, you must allege that the defendant used your identity for some advantage (whether commercial or not) without your consent, resulting in injury to you.

It involves invading someone's physical or personal space without their consent, such as through unauthorized surveillance or trespassing. Appropriation of likeness or identity: This tort, also known as the right of publicity, involves the unauthorized use of someone's name, image, or likeness for commercial purposes.

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.

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.

An agreement between an agency and a performer (such as a singer or actor) in which the agency agrees to find work and negotiate contracts on behalf of the performer in return for a commission on their earnings.

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West Virginia Right of Publicity - Talent Contract