San Diego Right of Privacy/Right of Publicity Litigation Attorneys
The U.S. media and entertainment industry, comprised of businesses that produce and distribute motion pictures, television programs, commercials, music, radio, games, and publishing, represents a third of the global industry, and accounts for around half a trillion dollars a year. Obviously, California, with a strong entertainment industry, has a great interest in protecting its celebrities. To do so, California protects against unauthorized uses of a person’s name or likeness for commercial purposes through statute and common law. With the exponential increase in social media, publicity rights are extending beyond celebrities and covering social media stars as well. The growth in the internet has also increased the number of cases involving invasion of privacy and publicity rights.
In California, Civil Code section 3344, the Celebrities Rights Act, protects living persons from the knowing use of their name, likeness, voice, signature, and photograph/motion picture for advertising purposes where there is a direct connection between the use and the commercial purpose. See, e.g., Newcombe v. Adolf Coors Co., 157 F.3d 686, 692 (9th Cir. 1998). Similarly, the Astaire Celebrity Image Protection Act, codified at section 3344.1, provides for publicity rights to the heirs of deceased celebrities if (1) the deceased person’s likeness possessed commercial value at the time of death; (2) that the use sued upon was unauthorized and had commercial value; and (3) that the deceased celebrity properly transferred the right to sue to the plaintiff.
These cases are often filed under causes of action named:
- Invasion of Privacy
- Misappropriation of Likeness
- Right to Publicity
Foldenauer Law Group has experience handling Internet law cases, including rights of publicity and invasion of privacy torts. Should an infringement on your rights take place, our experienced litigators understand how to respond accordingly and take immediate and aggressive action to enforce your rights. From cease and desist letters, to litigation in Federal or State Courts, our attorneys will take all action necessary to defend your interests.
Foldenauer Law Group has prosecuted many business disputes for our clients resulting in settlements and awards of millions of dollars. We have defended business owners and obtained “zero dollar” and “nuisance value” settlements. We have litigated cases resulting in early case dismissals and through jury or bench trial resulting in defense verdicts. We have built our success on nearly 30 years of combined experience and have a proven track-record. It’s no accident. We work exceptionally hard to obtain extraordinary results for our clients.
We are selective. We limit the number of cases we accept at any given time to ensure that our clients’ cases receive the extra time and effort needed to achieve extraordinary results.
To us – everything matters.