A right of publicity license agreement is a contract between two parties that outlines the terms and conditions for the use of an individual`s name, image, likeness, or persona for commercial purposes. This type of agreement is commonly used in the entertainment industry, sports, and advertising.
The right of publicity is a legal concept that protects an individual`s right to control the commercial use of their name, image, and likeness. It is a valuable asset that can be licensed for use by others in exchange for compensation. In simple terms, it means that a person has the exclusive right to use their name and image for commercial purposes, and others must obtain permission to use it.
A right of publicity license agreement typically includes details such as:
1. The scope of the license: This outlines the permitted use of the individual`s name, image, likeness, or persona. It may include limitations on the length of time or the geographic location where the license can be used.
2. Compensation: The agreement should include the amount of compensation to be paid to the individual for the commercial use of their name and image. It may include a one-time payment or royalties based on the revenue generated.
3. Indemnification: The agreement should include provisions for indemnification. This means that the licensee must indemnify (i.e., protect) the individual against any claims, damages, or losses arising from the use of the name and image.
4. Representations and Warranties: The agreement should include representations and warranties from both parties regarding their rights to grant and use the license.
5. Termination: The agreement should include provisions for termination, including the circumstances under which the agreement can be terminated and the consequences of termination.
6. Governing Law: The agreement should specify the governing law and jurisdiction for any disputes that may arise between the parties.
A right of publicity license agreement is essential to protect the interests of both parties. For the individual, it ensures that their rights to control the commercial use of their name and image are protected, and they are compensated for their use. For the licensee, it provides the legal right to use the name and image for commercial purposes without fear of legal action.
In conclusion, if you are an individual whose name and image are valuable assets, or a licensee looking to use someone`s name and image for commercial purposes, it is crucial to have a right of publicity license agreement in place. It outlines the terms and conditions for the use of the name and image, ensures that both parties are protected legally, and provides certainty in the commercial relationship.