…Critically needed for Accurate, Enforceable IP Values
Understanding the value of a federal right of publicity statute involves recognizing the complexities of identity use in the modern, digital era. Presently, the United States grapples with a patchwork of state laws concerning the right of publicity. This variability can lead to confusion and inconsistency in both enforcement and understanding of these rights. A federal statute would streamline this, offering a uniform set of rules across the nation. This uniformity is not just a matter of convenience – it ensures that individuals and businesses have a clear understanding of their ROP rights, obligations, and value, no matter where they are in the country.
In the digital age, the protection of one’s image and identity has become increasingly challenging. Technologies like AI and widespread social media platforms can easily misuse an individual’s likeness for commercial gain. A federal statute would offer updated and comprehensive protection against such unauthorized use, keeping pace with technological advancements and their unique challenges.
Balancing these protections with the freedoms of expression and creativity is essential. A federal statute can be crafted to protect individuals from unauthorized commercial exploitation without impinging upon artistic, journalistic, or other expressive uses of a person’s likeness that are protected under the First Amendment. It’s about striking a balance between the personal rights of individuals and the broader rights of free speech and artistic expression.
From an economic perspective, a federal right of publicity statute would significantly impact our ability to accurately value an individual’s identity assets on a national (or regional) basis. For public figures and celebrities, their name, image, likeness, or other personal attributes can be substantial assets. A federal statute would provide these individuals with more control over and ability to monetize these assets. It ensures that they would be fairly compensated for the commercial use of their identity and can protect against unauthorized or misleading uses that might devalue their personal brand.
Furthermore, a federal statute would have implications for consumer protection. It can help prevent misleading advertising and merchandising practices; where consumers are led to believe that a product or service is endorsed by an individual when it is not. This aspect not only protects the individual’s rights but also maintains trust and integrity in the market.
On an international level, a federal statute aligns the U.S. more closely with global standards and practices regarding identity and likeness rights. This harmonization is increasingly important in a globalized economy where the commercial use of an identity often crosses borders.
Lastly, a federal statute designed with flexibility in mind can adapt to future technological and societal changes. This adaptability is crucial in ensuring the law remains effective in protecting the rights of individuals against evolving methods of exploitation.
A federal right of publicity statute would streamline the patchwork of state laws into a cohesive national framework, reducing disparities and confusion across different jurisdictions. This uniformity would not only facilitate more equitable valuations of individual identities across states but would also simplify the legal process for individuals and businesses, ensuring that the economic and personal value of an individual’s identity is recognized, protected, and valued consistently nationwide.
CONSOR offers a range of highly specialized services to help clients understand the value of their intellectual property portfolio and how that value is impacted as a result of market conditions. We work closely with clients and the courts on time-sensitive projects to unlock the value contained within the intellectual property. Our work is done according to the strategy that best suits a client’s specific needs. Whether that be licensing, partial sale, reorganization, merger, joint venture, or liquidation, simply let us know your needs. Email us at info@consor.com or call us at (858) 454-9091.