Use of likeness: Overview, definition, and example
What is the use of likeness?
The "use of likeness" refers to the use of an individual's image, name, voice, or other identifiable features for commercial or promotional purposes. This could include using someone’s photograph, video, or likeness in advertisements, products, or media without their explicit consent. In many jurisdictions, the use of a person’s likeness is protected under right of publicity laws, which give individuals control over how their image or identity is used, particularly for commercial gain.
When businesses or individuals use someone's likeness, they must often obtain permission through a licensing agreement or contract to avoid legal disputes related to privacy and personal rights.
Why is the use of likeness important?
The use of likeness is important because it protects individuals' rights to control the commercial use of their identity and image. For businesses, using someone’s likeness without permission can result in legal consequences, including lawsuits for infringement of the right of publicity or breach of contract.
For individuals, controlling the use of their likeness ensures that they are compensated for their image being used commercially and helps protect their personal brand or reputation. In many cases, people, especially public figures, can generate income from licensing the use of their likeness to companies for advertisements, products, or endorsements.
Understanding use of likeness through an example
Imagine a company, ABC Clothing, wants to promote a new line of jackets and decides to use a famous actor's image in its advertising campaign. The company takes a photo of the actor wearing the jacket and places it on posters, billboards, and the website. However, ABC Clothing does not obtain permission from the actor or their agent to use the actor’s image. The actor could then sue the company for unauthorized use of their likeness under right of publicity laws.
In another example, a local fitness trainer named Sarah is asked by a gym to feature in their advertisements. Sarah agrees, and the gym compensates her for the use of her likeness, such as a photo of her working out, to market their services. This is an example of a licensed and authorized use of likeness, where the individual consents and is compensated for the use of their image.
An example of a "use of likeness" clause
Here’s how a "use of likeness" clause might appear in a contract or agreement:
“The Model grants the Company the exclusive right to use their image, name, and likeness for advertising, promotional, and commercial purposes in connection with the Company’s products. This right extends to the use of the Model’s likeness in digital, print, and broadcast media. The Company agrees to compensate the Model as specified in the attached compensation schedule, and the Model acknowledges that they have no further claim against the Company for the use of their likeness.”
Conclusion
The use of likeness is a crucial aspect of intellectual property and personal rights, ensuring that individuals control how their image and identity are used for commercial purposes. For businesses, obtaining proper consent and licensing is essential to avoid legal challenges and maintain ethical marketing practices.
For SMB owner-managers, understanding the rules and implications surrounding the use of likeness helps ensure compliance with legal requirements and protects the business from liability. Obtaining permission and offering compensation when using someone’s image or identity is not only legally necessary but can also strengthen relationships and enhance business credibility.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.