“In order to be irreplaceable one must always be different.”

– Coco Chanel.

right of publicity

As an entrepreneur, your uniqueness defines the value of your business.   

Protecting your uniqueness protects that business value.

This protection is in addition to other intellectual property protections. For example:

✅ when you create unique content, you protect it with copyrights;  

✅ you protect your unique inventions with patents; and  

✅ you protect your unique name, logo, and slogans with trademarks.   

The uniqueness of you is different. It’s the “you factor” that brings people flocking to you.  Further, your uniqueness is that appeal only you can offer. This is why customers beat a path to your door.  Yes, people choose you out of the sea of others.   

When others see how you are different, you stop being compared to every other competitor. 

right of publicity

You can legally protect that uniqueness.

This is Your Right of Publicity.

The right of publicity is your right to control the commercial use of your name, image, voice, likeness and other distinctive personal attributes.  In other words, your personality, including your gestures and phrases are legally protected.

Without your permission, others cannot use your identity.  

Most states recognize the right of publicity under common law, statute, or both.  Many recognize a person’s publicity holds commercial value susceptible to exploitation. 

Right of Publicity Applies to Celebrities AND Non-Celebrities

While celebrities’ cases make headline news, non-celebrity cases are on the rise because of social media.

Millions of people are visible, accessible, and yes, profitable on social media now.

You can claim a right of publicity when someone uses your name or likeness, without consent, to profit..   For example, in Florida, a right of publicity claim includes:

  • Public use of an individual’s name, portrait, photograph, or other likeness
  • For trade, commercial, or advertising
  • Without the individual’s express consent

Remedies

If you sue someone for using your uniqueness without your consent, your remedies may include stopping that person from doing so. They may also be required to take certain actions. Also, you may receive compensation for loss even if you can’t prove harm.

Has someone used your uniqueness without your permission?  I can help.  Contact me here.

The post Protect Your Uniqueness appeared first on Sagacity Legal Blog.

Photo of Randi Karpinia Randi Karpinia

Randi Karpinia, author of Sagacity Legal’s “The Legal Blog”, helps small business and entrepreneurs minimize their legal risks. With over twenty years of experience, Ms. Karpinia is a recognized expert in all aspects of business legal management with a focus on intellectual property…

Randi Karpinia, author of Sagacity Legal’s “The Legal Blog”, helps small business and entrepreneurs minimize their legal risks. With over twenty years of experience, Ms. Karpinia is a recognized expert in all aspects of business legal management with a focus on intellectual property, legal operations, and online legal protection. Ms. Karpinia’s credentials include a B.E.E, with honors, from Georgia Institute of Technology; a M.E.E. from Florida Atlantic University; and a J.D. Magna Cum Laude from Nova Southeastern University. Ms. Karpinia is admitted to practice law in Florida and before the USPTO. and is a Florida Bar Board Certified Intellectual Property Lawyer.