California Publicity Rights Lawyer
CALIFORNIA PUBLICITY RIGHTS LAWYER SEBASTIAN GIBSON
The Right Choice in Entertainment Law
Whether you’re an aspiring artist or a well established actor in the entertainment industry, finding the right California publicity rights lawyer to protect your image and your good name is the best way not only to protect your interests but also to retain the recognition you deserve and have received for your talents without being disparaged or put in a bad light.
California Publicity Rights Lawyer 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.
We can scrutinize an endorsement deal, review and negotiate a modeling or other agency contract, and draft and negotiate every type of film production agreement that’s needed in the industry. We can draft artist management contracts, 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 California 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.
An Internationally Experienced California Publicity Rights Lawyer and Privacy Rights Lawyer
For over a quarter of a century in California, California publicity rights lawyer Sebastian Gibson has been successfully representing individuals and celebrities in their privacy and publicity rights and with regard to the misuse of their images and likeness. In addition, we specialize in copyright and trademark infringement and have pursued defendants all across the United States.
California 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 California publicity rights lawyer Sebastian Gibson at (760) 776-1810.
Once a person’s photos, likeness or image is used to promote products for a company based anywhere in the world and advertised anywhere in the world, that person in effect becomes a celebrity or gains some degree of notoriety. 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.
The typical case involving privacy and publicity rights of an individual who gains some notoriety for their talents or of 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.
California Publicity Rights Lawyer Sebastian Gibson is also one of the most recognized celebrity, publicity and privacy rights attorneys in the U.S. and represents models and other clients throughout the world. He is frequently asked to assist journalists and reporters and just prior to Shepard Smith’s resignation from Fox News was asked to appear on his show as a celebrity lawyer. He has also been requested to appear on ITV National News in London to discuss the lawsuit filed in Los Angeles Superior Court on July 23, 2020 by Prince Harry, the Duke of Sussex and Meghan, the Duchess of Sussex for invasion of privacy for photos taken of their son, Archie by unknown paparazzi.
It can happen to you as well and not just to royalty. If you’ve discovered that photos of you have been used to advertise a product or service without your permission, or if photos have been taken or sound recordings without your permission in violation of California Civil Code Section 1708.8 by paparazzi by trespass, by using drones, helicopters or by means of telephoto lenses or other devices, call an experienced California publicity rights lawyer today, California Publicity Rights Lawyer Sebastian Gibson.
Publicity Rights vs. Privacy Rights
In a nutshell, the publicity right an individual has, is to not have their image, photos, likeness or voice commercially exploited, for instance in the advertising of another’s products or services, without their permission and if they wish, compensation. Publicity rights are therefore the right not to have your name, voice, likeness, image or photographs used for commercial or exploitive purposes without your permission. Using the name of an individual to endorse a product without authorization is also a violation of that individual’s publicity rights.
Under California law, however, keep in mind that the use of crowd photos, for instance on public streets or at public events, are not a violation of those individuals’ publicity rights unless an individual is singled out.
Additionally, under California statute, the use of a name, voice, photograph etc. in connection with any news, sports broadcast or political campaign is not a use which requires consent of the individual.
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.
While fair use is a defense to copyright infringement, it is not a defense to privacy right and publicity right violations.
Privacy rights and publicity rights are generally 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.
Privacy And Publicity Rights Law in California
Among the states which offer some of the greatest protection to the person whose image, likeness, photos or voice is misappropriated is California. Among the countries offering the greatest protection to celebrities for their privacy rights outside of the United States is England.
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 has been defined as the inherent right of every human being to control the commercial use of his or her identity. Simply because one is a celebrity and they may have given up some of their privacy as such, does not mean they 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.
Even if an agreement is made, the advertiser may still not violate the model’s privacy rights by placing the model in a false light by divulging private information about the model. Nor may a supermarket tabloid, for instance, write a story about the model which contains false and damaging misinformation.
But there are always novel ways as well in which an individual’s publicity rights are be violated. In one instance, a famous American singer was approached to lend her voice to an advertising jingle. She refused. The advertiser then found a singer who could imitate her voice and they used that in the jingle. The famous singer sued on the basis of her publicity rights and was awarded a high amount of damages.
In the U.K. two famous actors had sold exclusive rights of their wedding photos to one magazine. Another print publication however, obtained photographs from a guest and the actors sued on the basis of their right of privacy. The British court held that because the actors had retained a veto over what photos would be used in order to maintain their professional and personal image, the use of any photos other than those personally chosen by the actors invaded their privacy.
Damages For Violations of Publicity Rights In California
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, there is an additional statutory provision that can be great if you win your case but which may cause a plaintiff to think twice before filing suit. The prevailing party receives 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, losing it just may send you to the poor house, if the other party’s attorneys racked up some large attorney’s fees and costs in defending your lawsuit.
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.
California Publicity Rights and Privacy Rights Statutes of Limitations
Generally, under California law, an individual has two years from the discovery of the violation of their privacy or publicity rights to file a lawsuit. In recent years, however, there has been considerable litigation over the issue of the single publication rule. That rule limits tort claims based on mass communications to a single cause of action that accrues upon the first publication of the communication. Under that rule, the statute of limitations is reset when a statement is republished.
However, a Ninth Circuit court has held that a statement on a website is not republished unless the statement itself is substantively altered or added to, or the website is directed to a new audience.
Because of this situation, we advise that you call a California publicity rights lawyer immediately upon discovering that a photograph primarily of you has been used to advertise a product or service.
Call California Publicity Rights Lawyer Sebastian Gibson To Assist You In California and Throughout The World
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 Britain (in London), California publicity rights lawyer Sebastian Gibson is uniquely qualified and experienced to litigate and enforce a celebrity’s privacy and publicity rights when they are invaded or infringed.
Choosing the right California publicity rights 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, California Publicity Rights Lawyer Sebastian Gibson has been chosen one of the Top Lawyers for the last 12 years running by Palm Springs Life Magazine for good reason.
Once you’ve called California publicity rights lawyer Sebastian Gibson, you’ll know your case is in 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.
California publicity rights lawyer Sebastian Gibson has been frequently 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.
California 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 for privacy. He also has a rich sense of humor and a genuine warmth clients appreciate and which shows in the friendships he forges with them, and which continue long after their case is resolved.
California publicity rights lawyer Sebastian Gibson has 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 Sebastian Gibson has been named as a “Superb” Lawyer by Avvo, their highest rating, which ranks attorneys throughout the U.S.
When It Matters Most, Call California Publicity Rights Lawyer Sebastian Gibson For Your Publicity Rights And Privacy Rights Violations
The time to act is now, before either the statute of limitations runs out, evidence disappears or further damage is done to your reputation and your right to control the use of your name, image, likeness, voice and photographs. Call California publicity rights lawyer Sebastian Gibson for a free consultation and immediate help.
