Services

Theft of Your Likeness, Artistic Creations, or Intellectual Property

If you are a creative you may at some point discover that someone else has used your likeness or work without your consent. In the age of the internet and social media, we must all be vigilant against such theft and misappropriation. Luckily the law does protect you from these kinds actions and properly considers them theft, just as if someone stole physical property from you.

​

Many states have laws on this topic. New York and California are both great examples of states with specific laws that will protect you.

​

California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another’s name, voice, signature, photograph, or likeness without that person’s prior consent.

The statute also sets a term of 50 years for post-mortem rights of publicity, and additionally allows for registration with the secretary of state as successor-in-interest to the right. California common law protects against misappropriation of a person’s name, likeness, and identity.

​

Under New York’s right to privacy law, “any person whose name [or likeness] is used within New York for advertising [or trade] purposes without . . . written consent” can sue for an injunction and damages. See NY CRL § 51. Thus, the right to privacy statute embodies a kind of proxy right of publicity; that is, a cause of action for the unauthorized use of one’s name or likeness.