Protecting Your Likeness: Right of Publicity Laws for Actors, Musicians, and Influencers
In today’s digital economy, your image is your brand. For actors, musicians, and influencers, a name, photo, voice, or even a signature phrase can generate income, and legal risk, if not properly protected. That’s where Right of Publicity laws come into play.
Whether you’re starring in a streaming series, releasing music, or building a personal brand on social media, understanding your right of publicity is essential to protecting your identity from unauthorized exploitation.
What Is the Right of Publicity?
The Right of Publicity is the legal right to control how your name, image, likeness, voice, or identity is used for commercial purposes. It prevents others from profiting off your persona without permission.
Unlike copyright (which protects creative works) and trademark (which protects brand identifiers), the right of publicity protects you as the asset.
Examples of protected elements may include:
Your name or stage name
Photographs or video likeness
Voice or signature sound
Catchphrases or personal slogans
Digital avatars or AI-generated versions of you
Signature looks, gestures, or styles (in some jurisdictions)
Who Needs Publicity Rights Protection?
Actors and Entertainers
Casting agents, studios, and advertisers frequently request permission to use an actor’s image in promotional materials. Without tight licensing terms, your likeness can be used far beyond what you intended, sometimes in perpetuity (make sure you read the fine print).
Musicians and Performers
Your voice, name, and appearance are integral to your brand. Unauthorized use in merch, commercials, or digital content can directly affect your market value and fan trust.
Influencers and Content Creators
In the social media space, endorsements, sponsorships, and branding deals live and die by personal image. The more recognizable you are, the more valuable (and vulnerable) your likeness becomes. I can’t tell you how many influencers I have seen asking their following to report fake pages who are trying to profit (and scam people) off of the relationship an influencer has with their following.
How the Law Varies by State
Right of publicity is governed largely by state law, and not all states treat it the same way.
Some states (like California and New York) have detailed statutes protecting the commercial use of your identity. Others rely on common law principles or offer limited safeguards. A few states do not formally recognize the right at all.
This makes where you live and work legally important, especially for creators with multi-state or international exposure.
Post-Mortem Rights: Protection After Death
In many states, the right of publicity survives death and can be passed to heirs or estates. This ensures that a celebrity’s image cannot be exploited decades later without consent. For artists building a legacy, or managing one, this is critical estate planning and brand preservation.
Common Publicity Rights Violations
You may have a legal claim if someone uses your likeness without permission for:
Advertising or product endorsements
Merchandise or product sales
Social media promotions
Deepfakes or AI-generated images
Video games, avatars, or virtual appearances
NFTs or blockchain-based assets
If your identity is being used for profit, permission is usually required.
How to Protect Yourself
Here are practical steps to safeguard your image and identity:
1. Use Written Agreements
Every appearance, endorsement, and collaboration should address:
What aspects of your likeness can be used
Where your likeness can be used
How long it can be used
Whether the use is exclusive
Whether sublicensing is allowed
Compensation terms
2. Register Trademarks When Appropriate
Your stage name, brand name, logo, slogan, or catchphrase may be eligible for trademark protection in addition to publicity rights.
3. Monitor Your Digital Presence
Regularly search your name, image, and brand in connection with unauthorized sales, ads, or impersonation accounts.
4. Send Cease-and-Desist Notices
Early enforcement prevents long-term misuse. A strong legal letter can stop infringement before damage escalates.
5. Work with an Entertainment Attorney
A lawyer experienced in entertainment, intellectual property, and digital rights can help you license strategically while avoiding costly mistakes.
The Rise of AI and Digital Identity Theft
With AI-generated content becoming mainstream, safeguarding your likeness has never been more urgent. Unauthorized deepfakes, voice replication, and digital avatars now pose a serious threat to creators. Right of publicity law is evolving, but contracts remain your first line of defense.
Final Thoughts
When you’re in the public eye, your identity is not just personal — it’s property.
If you earn from your image, voice, or reputation, protecting your right of publicity is not optional. It’s a business necessity.
Whether you’re signed to a label, starring in a series, or building your following from your phone, the law gives you tools to protect what makes you you. Use them.
