Nassau New York Right of Publicity - Picture and Name Release

State:
Multi-State
County:
Nassau
Control #:
US-DB1110AM
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Word; 
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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 new law also makes explicit that the post-mortem publicity rights granted are freely transferable and descendible. It also provides a mechanism for owners of a deceased person's rights to register their claim with the New York Secretary of State in order to be able to bring a claim.

Right of Publicity: an overview 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.

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.

' Unlike in the United States, the law of the United Kingdom ("U.K.") does not recognize a right of publicity or even a distinct right to protect a person's image or likeness from unauthorized use.

Right of Publicity: an overview 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.

The right of publicity is a matter of state law. Some states, such as California, Florida, Kentucky, Massachusetts, Nebraska, Nevada, New York, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia and Wisconsin have passed statutes regulating these rights.

Generally speaking, the Right of Publicity in California protects against unauthorized uses of a person's name or likeness for commercial and certain other exploitative purposes. California has two systems of Right of Publicity law: a statute, and a common law right.

PUBLICITY. The doing of a thing in the view of all persons who choose to be present. 2. The law requires that courts should be open to the public, there can therefore be no secret tribunal, except the grand jury (q.v.) and all judgments are required to be given in public. 3.

California has a separate statute protecting posthumous rights of publicity, found at Cal. Civ Code § 3344.1. The right lasts for 70 years after death, and is considered a freely transferable, licensable, descendible property right.

New York has codified its right of publicity as part of its "Right of Privacy" statute, at Article 5 of the N.Y. Civil Rights Law. You should familiarize yourself with Sections 50 and 51, the primary statutory provisions for right of publicity actions.

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Nassau New York Right of Publicity - Picture and Name Release