Right Of Publicity Attorney

A right of publicity attorney can protect your image and identity from exploitation.

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Facial scan of young woman, representing how a right of publicity lawyer stops misuse of identity.
Class action lawsuits targeting commercial use of personal identity have surged in recent years. Multimillion-dollar settlements and active right of publicity litigation confirm a shift in how companies monetize ordinary individuals’ and professionals’ identities without permission.

Courts now scrutinize common corporate practices including using publicly available profiles in large-scale data aggregation.

Your name, image, and likeness are valuable parts of your identity. When they are used without permission to promote products or services, the harm can extend to your reputation and personal privacy.

Right of publicity law protects individuals from this kind of misuse. In Ohio and many other states, these laws allow you to decide how your identity is used for commercial purposes. They are often associated with celebrities, but they apply to everyone.

With the popularity of social media and AI-generated content, unauthorized use of personal images is becoming more common. Knowing how to enforce your rights is an important step in protecting yourself.

The Lyon Firm protects individuals from the unauthorized use of their identity and fights for compensation when their rights are violated. Contact us online or call (513) 381-2333 to discuss your case with a right of publicity attorney.

What Does the Right of Publicity Mean?

It prevents misappropriation of likeness by companies or individuals that attempt to profit from your name, image, or voice without consent. In practical terms, it prevents companies or individuals from using your persona to create advertisements or profit in any other way without your consent.

This right also has an economic component. When someone uses your identity without permission, they are benefiting from your personal brand and reputation. Whether you are a public figure or a private individual, right of publicity law recognizes that you should have the chance to decide how and when your likeness is tied to commercial activity.

The importance of this right extends beyond financial considerations. Unauthorized use can damage your reputation and deprive you of the chance to control how the public perceives you. Our images are easily shared and reproduced, and the right of publicity provides critical protection.

Do Only Celebrities Have Publicity Rights?

The right of publicity applies to everyone, not only to the rich and famous. If your name or photograph is used to endorse a product without consent, you may have a claim.

Every person’s identity has value, even if it is not widely known. A local business, for example, cannot use photos of its customers in promotional materials without permission. A company cannot imply that you endorse its services simply because you appear in an image connected to an ad. These protections matter because they ensure your personal attributes are not misused for commercial gain.

“Many people mistakenly think that only celebrities can evoke right of publicity, but this is not true. No matter who you are, your image and identity are valuable assets. So, I encourage you to never underestimate the worth and significance of protecting your likeness.”

Joe Lyon, Founding Partner of the Lyon Firm

What Are Examples of a Right of Publicity Violation?

Violations of the right of publicity take many forms, ranging from blatant misuse to subtle misrepresentations. Some of the most common examples include:

  • Celebrity endorsements: Using a celebrity’s image or name in an advertisement without consent.
  • Biographical works: Publishing a person’s life story in books, films, or documentaries without proper authorization.
  • Impersonation: Misleading the public by using someone’s identity in a way that suggests false endorsement or approval.
  • Monetizing Personal Data: Without explicit consent, several industries have been targeted for violations, including data brokers, people-search platforms, B2B data providers, legal directories, real estate directories, healthcare directories, court data aggregators,

Recent litigation highlights how widespread these issues can be. In one case, Whitepages was sued by more than 49,000 individuals for using personal identifying information to advertise subscriptions. The case, brought under the Illinois Right of Publicity Act, resulted in a $4 million settlement.

ZoomInfo reached a $29.5 million resolution after facing consolidated suits claiming improper monetization of personal information under statutes in Illinois, Indiana, Nevada, and California.

If your likeness or identity has been used without permission, you may have legal options. The Lyon Firm helps individuals protect their rights and pursue accountability under state and federal publicity laws.

Call (513) 381-2333 or contact us online to discuss your case with a right of publicity lawyer.

How Do Right of Publicity Laws Vary by State?

A single federal law does not govern right of publicity protections. Instead, they vary by state, which means your rights depend on where you live or where the unauthorized use occurred.

  • In Ohio, the right of publicity is codified in statute, allowing individuals to control the use of their persona for commercial purposes. The law extends for 60 years after death, meaning heirs can enforce rights on behalf of the deceased.

  • Illinois has its own Right of Publicity Act, which has served as the basis for class actions against companies that misused personal data, as seen in the Whitepages case.

  • California offers some of the most expansive protections and recognizes both statutory and common law rights. California courts have heard numerous cases involving entertainment and digital media, shaping the broader interpretation of publicity rights nationwide.

  • Other states, like New York, provide more limited protections. New York law historically restricted publicity claims to living individuals, though recent changes have extended certain rights posthumously.

When Does Using My Name or Image Become ‘Commercial Use’?

The right of publicity does not apply to every casual mention or depiction of a person. Instead, it focuses on situations where someone’s identity is used for commercial purposes. Courts look at how the name, likeness, or other personal characteristics are tied to money-making activities:

  • Advertising products or services: Using a person’s face or name in a campaign without consent.

  • Merchandising: Placing someone’s likeness on goods for sale.

  • Fundraising: Featuring a recognizable individual to encourage donations or financial support.

  • Travel promotions: Using a person’s image in brochures or tourism websites.

  • Brand endorsements: Implying that a person supports or approves of a company or product without permission.

Not all uses are considered commercial. News reporting or educational purposes often fall under free speech protections, though the line between protected speech and commercial exploitation can be blurred.

How Does the Right of Publicity Apply Online and in Digital Media?

The internet and digital technologies have made it easier than ever for companies and individuals to use someone else’s likeness without permission. Social media and artificial intelligence tools create new ways for personal identities to be exploited.

For example, AI-generated images and voice replicas may simulate your likeness without consent. Social media platforms may expose personal photographs that are later used in promotions. Unauthorized digital impersonation can spread quickly, causing reputational harm before you even know it is happening.

Protecting your online identity also intersects with other legal areas, including defamation and false light claims. Taken together, these laws provide a framework for addressing personal data misuse.

At What Point Should I Take Legal Action for a Publicity Violation?

Deciding when to move forward with a right of publicity lawsuit depends on both the scale of the misuse and how it affects your life. Sometimes a simple cease-and-desist letter can resolve the issue. Other times, formal litigation is the only way to stop the violation and recover damages.

You may want to consider legal action if the unauthorized use of your identity:

  • Creates financial harm, such as profits earned by someone else without your consent;
  • Damages your reputation, especially if the use implies false endorsement of a product or cause;
  • Exposes private details in a way that violates your right to privacy; or
  • Involves continued misuse even after you’ve requested that the activity stop.

Because right of publicity claims often rely on evidence, timing plays a critical role. Collecting proof early helps build a stronger case. Examples of helpful evidence include:

  • Screenshots of online ads or social media posts,
  • Copies of print advertisements or promotional materials, and
  • Contracts or records showing profits tied to the misuse.

An attorney can assess whether your situation meets the legal standards for a claim. Acting promptly ensures that your rights are preserved and gives you the best chance of stopping the misuse before it spreads further.

What Compensation Is Available in a Right of Publicity Case?

If your rights are violated, the law provides several forms of compensation. These may include:

  • Monetary damages to reflect the financial harm caused by unauthorized use.
  • Injunctive relief to stop ongoing or future misuse of your identity.
  • Reimbursement of profits earned by the infringer as a result of the unauthorized use.
  • Punitive damages to penalize the infringer and deter similar conduct in the future.

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Why Choose The Lyon Firm for a Right of Publicity Case?

The Lyon Firm has years of experience litigating right of publicity and digital media privacy claims nationwide. Our team understands how these laws vary from state to state and how to build strong cases in both traditional and digital contexts.

We represent individuals whose identities have been misused in advertising and online platforms. Each case receives careful attention to detail, from investigating the scope of the violation to pursuing compensation through negotiation or trial.

When your identity is exploited without consent, the impact can be personal as well as financial. Our firm approaches these cases with the understanding that your reputation and sense of privacy are at stake.

Contact us online or call (513) 381-2333 for a free and confidential case review. A right of publicity attorney can help you protect your likeness and identity.

Questions about Right of Publicity Cases

Are there exceptions to the right of publicity?

Yes. Right of publicity laws are not absolute. Common exceptions include:

  • Professional work: Protections for photographers using images of their subjects in their professional work.
  • Authors: Use of an author’s name in connection with their own published works.
  • Copyrighted recordings: Owners of sound recordings may have protections that overlap with publicity rights.
  • First Amendment protections: Names or images may be used without consent when they are newsworthy, artistic, or reasonably connected to matters of public interest.
  • Parody and satire: Parody and commentary may qualify as protected expression.

Courts often balance the right of publicity against free speech concerns, especially in books, films, news articles, or commentary.

How are right of publicity cases handled?

Most cases are filed as civil lawsuits in state courts. In some circumstances, claims may also proceed in federal court under the Lanham Act, which governs unfair competition and false endorsement.

Is compensation available in right of publicity cases?

Yes. Remedies can vary but may include:

  • Injunctive relief requiring the removal of the offending material,
  • Monetary damages based on harm to the individual or profits earned by the defendant, and
  • Punitive damages meant to punish willful violations.
What is the legal process?

A right of publicity claim follows several steps:

  1. Pre-suit investigation: Gathering facts and preserving digital evidence
  2. Filing the lawsuit: If negotiations fail, the case must be filed in time to preserve the statute of limitations.
  3. Discovery: Both sides exchange documents and take depositions
  4. Proving the claim: The plaintiff must show unauthorized use and damages through witness statements, contracts, financial records, or other evidence
Is there a time limit for filing a right of publicity lawsuit?

Yes. In most states, a right of publicity claim must be filed within four years of the violation. Missing this deadline may prevent recovery.

How many states recognize the right of publicity?

Currently, 24 states have specific statutes in place. Others recognize the right through common law. The rules vary by state, including:

  • How long rights last after a person’s death,
  • Whether family members can enforce post-mortem rights, and
  • Whether the right is treated separately from privacy rights.
Can families exercise the statutory right of publicity?

Yes. In many states, publicity rights are treated as property rights that can be inherited.

For example, Ohio law protects a person’s identity during their lifetime and for 60 years after death. It also provides specific protections for deceased members of the U.S. armed forces and the Ohio National Guard.

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Taking the first step doesn’t have to be complicated. In just a few minutes, you can share the basics of your case, and our team will guide you from there:

  • It begins with a few simple questions about your situation.
  • From there, a member of our legal team reviews your case.
  • Together, we’ll chart the path forward, helping you take the next step toward resolution.
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