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Right of Publicity Claims in a Digital Age

November 4, 2016
Mark S. VanderBroek , Jason Adler

The right of publicity is the right of a person to control the commercial exploitation of his or her identity (e.g., name, image, likeness, and voice) and prevent its commercial appropriation by others without permission. At first blush, this may sound like an area of the law that is not important to franchise businesses. But in today’s digital age of ubiquitous cell phone cameras, instant posting, tweeting, pinning, snapping, and sharing (and reposting, retweeting, repinning, etc.), and expanding social media platforms in which both businesses and celebrities are promoting their brands, understanding right of publicity law is important to virtually all businesses. Click here to read the full paper.