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1.
Right of publicity
Is the right of publicity recognised?To read more
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2.
Principal legal sources
What are the principal legal sources for the right of publicity?To read more
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3.
Enforcement
How is the right enforced? Which courts have jurisdiction?To read more
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4.
Other relevant rights
Are there other rights or laws that provide a claim based on use of a person’s name, picture, likeness or identifying characteristics?To read more
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5.
Protectable aspects
What aspects of a person’s identity are protectable under the right of publicity?To read more
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6.
Do individuals need to commercialise their identity to have a protectable right of publicity?To read more
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7.
Foreign citizens
May a foreign citizen protect a right of publicity under the law of your jurisdiction?To read more
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8.
Registration requirements
Is registration or public notice required or permitted for protection of the right? If so, what is the procedure and what are the fees for registration or public notice?To read more
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9.
Protection after death
Is the right protected after the individual’s death? For how long? Must the right have been exercised while the individual was alive?To read more
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10.
Transferring
Can the right be transferred? In what circumstances?To read more
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11.
Licensing
Can the right be licensed? In what circumstances?To read more
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12.
Infringement
If the right is sold or licensed, who may sue for infringement?To read more
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13.
Post-mortem rights
If post-mortem rights are recognised, are they limited to natural heirs or can they be enforced under a contract by an assignee or left to an entity?To read more
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14.
Recommended actions
Are there any actions that rights owners should take to ensure their rights are fully protected?To read more
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15.
Right infringement
What constitutes infringement of the right?To read more
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16.
Excluded formats
Are certain formats of intellectual property excluded from claims based on the right of publicity? What is the legal basis of the exclusions?To read more
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17.
Infringement claim requirements
Is knowledge or intent to violate the right necessary for a finding of infringement?To read more
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18.
Liability of media
Does liability extend to media publishing content created by an advertiser and website operators publishing posts by third parties? Does republishing or retweeting or other social media propagation of existing content give rise to liability?To read more
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19.
Available remedies
What remedies are available to an owner of the right of publicity against an infringer? Are monetary damages available?To read more
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20.
Time limits
Is there a time limit for seeking remedies?To read more
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21.
Attorneys’ fees
Are attorneys’ fees and costs available? In what circumstances?To read more
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22.
Punitive damages
Are punitive damages available? If so, under what conditions?To read more
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23.
Preliminary relief
Is preliminary relief available? If so, what preliminary measures are available and under what conditions?To read more
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24.
Damages measures
What are the measures of damages?To read more
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25.
Significant case law
What significant judgments have recently been awarded for infringement of the right?To read more
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26.
Relevant fora
In what forum are right of publicity infringement proceedings held?To read more
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27.
Use of juries
Are disputes decided by a judge or a jury? Are damages determined by a judge or a jury?To read more
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28.
Applicable law
How is the choice of applicable law determined?To read more
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29.
Consideration of foreign decisions
To what extent are courts willing to consider, or bound by, the opinions of other national or foreign courts that have handed down decisions in similar cases?To read more
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30.
Appeals
What avenues of appeal are available in main proceedings or preliminary injunction proceedings? Under what conditions?To read more
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31.
Average cost and time frame
What is the average cost and time frame for a first-instance decision, for a preliminary injunction, and for appeal proceedings?To read more
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Updates and trends
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Long recognised as a leading media, entertainment, and advertising law firm, Frankfurt Kurnit Klein + Selz, PC, has grown to provide the highest quality legal services to clients in a wide range of industries and disciplines.
View more information about Frankfurt Kurnit Klein & Selz, PC
New York
28 Liberty Street35th Floor
NY 10005
New York
USA T: +1 212 980 0120
F: +1 212 593 9175
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