International Publicity Rights Lawyer
INTERNATIONAL PUBLICITY RIGHTS LAWYER SEBASTIAN GIBSON
The Right Choice in International Publicity Rights
Whether you’re an aspiring musician, model, actor or artist or an established celebrity in the entertainment industry, finding the right international publicity rights lawyer to protect your interests and your good name is essential to not being placed in a bad light or having your image advertising products without your permission and compensation.
Sebastian Gibson offers artists in the area with over 40 years of representing entertainment clients and is ready to assist you in all of your entertainment aspects. We can help whether you need protection against those who would profit from the unauthorized use of your name or image in advertising or need copyright or trademark protection.
International Publicity Rights Lawyer Sebastian Gibson can scrutinize an endorsement deal, review and negotiate a modeling or other agency contract, and draft every type of film production agreement that’s needed in the industry. We draft artist management contracts, can represent you in litigation, or simply provide advice in regards to your aspect of the entertainment industry. We stand ready to assist you in all of your endeavors.
In working with International Publicity Rights Lawyer Sebastian Gibson, you’re working with a entertainment attorney who has law degrees both in California and in Great Britain, who was a former musician who performed on the stage internationally and on national TV, the creator of a stage musical recorded in London, a published book author and a writer for California’s top two legal newspapers. He understands the unique difficulties creative people face today and the many ways talented people are taken advantage of.
Attorney Sebastian Gibson, The Right International Publicity Rights Lawyer For Your Situation
In violation of the publicity rights of individuals, photographers and advertisers routinely license the photos of amateur and professional models to advertisers who then use those photos to sell products and services. When this occurs, the model’s publicity rights have been violated and the advertiser can be held accountable for the profits attributable to the use of the model’s photos.
While a model with an agent might authorize his or her modeling agency to book the model and negotiate deals for the model to appear in advertising campaigns, advertisers still utilize the model’s image for usage beyond what was agreed to by the modeling agency, in violation of a model’s publicity rights. When this occurs, the model’s publicity rights have also been violated and the advertiser can be held accountable for the profits attributable to the exceeded scope of usage.
If your publicity rights have been violated by the use of your name or photos in California, anywhere in the United States or internationally, call Sebastian Gibson immediately.
International Publicity Rights Lawyer Sebastian Gibson has been recognized by Palm Springs Life Magazine as One of the Top Lawyers of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012 and 2011. He’s been called “Brilliant” and “A Legend.” If you want a top lawyer on your side, call Sebastian Gibson. Call us today at (760) 776-1810.
For well over a quarter of a century in California, International Publicity Rights Lawyer Sebastian Gibson has been successfully representing individuals and celebrities for violations of their privacy, publicity and intellectual property rights with regard to the misappropriation of their images and and infringements of their copyrights and trademarks. We’ve pursued defendants across the United States as well as internationally.
You don’t need to be a celebrity to have either your publicity rights or privacy rights violated and to have a right to pursue damages in a court of law not only in California but in other states as well and in other countries that recognize such a right and provide for a remedy in their courts.
The typical case involving privacy and publicity rights of an individual, who may or may not be a celebrity, involves the misappropriation or unauthorized use of their photos, likeness, name or even voice in advertising and marketing campaigns in California, the United States and internationally.
Somewhere along the way, the photos are sold or given to an advertising agency or a consumer product company and despite all the law to the contrary, the company or the advertising agency utilizes the photos of the model or everyday citizen in an advertising campaign on television, print, billboards, the internet or in other media.
Some months or even years later, either the celebrity or everyday person discovers their photo staring them in the face on a product at the grocery store, or on a clothing tag or advertisement in a fashion store, in a magazine, on a billboard or on some other media advertising or they learn their photos are being used without authorization from a friend.
The Difference Between Publicity Rights And Privacy Rights In California
Publicity rights are an individual’s right not to have their name, voice, likeness, image or photographs used for commercial or exploitive purposes without their permission. Using the name of an individual to endorse a product without authorization is thus a violation of that individual’s publicity rights.
The privacy right of an individual, on the other hand, is to not have their name or likeness appropriated by another without their permission, their privacy intruded, their private information to be made public, and to not be placed in a false light.
Privacy rights and publicity rights are mostly governed by local state statutes or common law. But what may be permitted under those laws or not be a violation of one state’s laws, may not be permitted and may be a violation of another state’s laws.
Some causes of action may also be pursued under the Lanham Act (Federal Law) for instance, for unauthorized uses of a person’s identity in order to create a false endorsement.
While an individual’s right to privacy generally ends when that individual dies, publicity rights with regard to the commercial value connected with the deceased individual’s name, image or voice continues under California law for a further 70 years.
Don’t Allow Others To Utilize Your Images Without Your Permission When You’re Entitled To Their Profits For Violating Your Publicity Rights
In California, one can proceed on either a common law or a statutory law basis for a violation of a person’s publicity rights when their image is misused in advertising.
The right of publicity is the inherent right of every human being to control the commercial use of his or her identity. When another individual or entity infringes that right, you have the right to pursue them for the damages you’ve suffered.
Simply because you may be a celebrity and may have given up some of your privacy as such, does not mean you have given up their right to prevent the unauthorized exploitation of their name or likeness.
When an advertiser approaches a photographer, professional or amateur, in order to use a model’s photograph in an advertising campaign, depending upon the release signed by the model, the photographer may have the right to license the use of the photograph for all uses in advertising.
If the photographer does not have such a release signed by the model, the advertiser must seek permission from the model to use his or her photograph in the advertising campaign and will likely need to negotiate what compensation will be paid for its use, or will be subject to a lawsuit for violating the publicity rights of the model.
When a model’s agency is approached, the model will likely have authorized his or her agency to negotiate on the model’s behalf and to authorize the photos of the model to be used in an advertising campaign. The authorization, however, will be limited in scope and duration. If the model’s photos are used for print advertising when they were only authorized for billboard advertising, for example, or beyond the duration agreed to, the advertiser can be sued for the profits generated by the extended and unauthorized use of the photos.
We’ll Pursue Damages For Violations of Your Publicity Rights In California And Internationally
An individual who’s publicity rights have been violated may pursue a claim for not only their actual damages (e.g. damages to their fair market rights of exploitation, publicity opportunities and loss of earnings), but also for the defendant’s profits that are attributable to the use of their image, likeness, photos, etc. Punitive damages may also be awarded if one can prove oppression, fraud or malice.
Under California law, the prevailing party is also entitled to receive their attorney’s fees and costs. If you win your case or if you have the evidence to win it, this can be great leverage when negotiating a settlement. If you lose your case, you can be found liable for the defendant’s attorney’s fees and costs.
Successful publicity rights cases have been settled in the millions of dollars. Every case though has its own value and there are also considerations that are brought into play including the amount of insurance coverage, if any, the assets of the defendant individual or company, and the prospect of a long and expensive appeal process.
You Only Have A Limited Time To Sue, So Act Now
The statutes of limitations in California for publicity rights and privacy rights are quite short in duration. Generally, under California law, an individual has only two years from the date they discovery the violation of their privacy or publicity rights to file suit in court. Other states and countries have different statutes of limitations.
If you’re going to seek damages for the unauthorized use of your photos in a court of law in any state, you need to call us as soon as possible so we can evaluate if you’re still within the allowable time period to file a lawsuit against the parties responsible.
An Experienced International Publicity Rights Lawyer, Uniquely Talented And Ready To Act Quickly On Your Case
With law degrees in both the U.S. and the U.K., and over 40 years of experience in both the United States (in California) and in London, Great Britain, Sebastian Gibson is uniquely qualified and experienced to litigate and enforce a celebrity’s privacy and publicity rights when they are violated or infringed.
Choosing the right lawyer to handle your case and one who will explain all your rights makes all the difference. We’ve recovered millions of dollars for our clients and as a result, International Publicity Rights Lawyer Sebastian Gibson has been chosen one of the Top Lawyers for the past 12 years in a row by Palm Springs Life Magazine for good reason.
Rest Easy, Your Case Will Be In Good Hands
Once you’ve called our law firm, you’ll know your case is in extremely capable hands. Sebastian Gibson’s experience both in California and internationally in handling disputes of this nature makes him one of California’s most uniquely talented attorneys.
International Publicity Rights Lawyer Sebastian Gibson has frequently been asked to be interviewed on radio and TV for his expertise and wit, and is the author of thousands of articles on the internet. Sebastian Gibson has also written for the Los Angeles and San Francisco Daily Journal newspapers and is the author of a recently published book.
International Publicity Rights Lawyer Sebastian Gibson is not only an attorney you can count on to fight for your rights, but one who will also listen to your concerns and understand your needs. He also has a rich sense of humor and a genuine warmth clients appreciate and which gives them confidence in their case and in their attorney.
We’ve gained a reputation for the determination we have to make sure the clients who come to us receive the compensation they deserve. It’s no accident International Publicity Rights Lawyer Sebastian Gibson has been named as a “Superb” Lawyer by Avvo, which rates attorneys throughout the U.S.
When It Matters Most, Call Attorney Sebastian Gibson For Protection of Your Publicity Rights And Privacy Rights
The time to act is now, before either your time runs out, evidence disappears or the right to control the use of your photos is lost. Call us for a free consultation and immediate help.
