Entertainment
    Back to Insights

    Protecting Your Name and Likeness: A Primer for Creators

    EntertainmentIPAITrademark

    Anthony Clemenza, Founding Partner

    Admitted in New York, 2009 · nearly twenty years in practice

    · Updated · 7 min read

    Share

    Your name, image, and likeness are valuable assets. Understanding how to protect and monetize them is increasingly important.

    Key Concepts

    Right of Publicity The legal right to control commercial use of your identity. Varies significantly by state.

    Trademark Protection Registering your name, stage name, or brand marks for additional protection and enforcement options.

    Contract Considerations How entertainment and endorsement contracts typically address likeness rights.

    AI and Digital Likeness

    The emergence of AI-generated content creates new challenges. Key considerations: - Explicit consent requirements for AI training - Ongoing control over synthetic representations - Compensation for AI-generated uses

    Practical Steps

    1. Register relevant trademarks
    2. Review all contracts for likeness provisions
    3. Consider establishing a loan-out company
    4. Stay informed about evolving digital rights

    Found this useful? Share it.

    Share

    By email

    The Private Brief, in your inbox

    One piece at a time, whole, on the day it is published. Not a digest, not a roundup, and not a monthly summary of things you have already seen.

    Your address is used for this and nothing else, and every issue carries an unsubscribe link that works on the first click.

    Need Guidance?

    Let’s discuss your situation.

    Request an Introduction