What are Florida’s Right of Publicity Laws and Ownership Rules?

Question from Dr. Rock, What are Florida’s Right of Publicity Laws and Ownership Rules?

Answer from AI:

In Florida, the right of publicity is a statutory right that protects individuals from unauthorized commercial use of their name, image, likeness, or other identifying characteristics. This right is designed to give individuals control over how their persona is used, particularly in commercial contexts, to prevent exploitation without consent.

Ownership of the Right of Publicity:

• During Lifetime: The right of publicity in Florida is owned by the individual during their lifetime. This means that only the person can authorize the use of their name, image, or likeness for commercial purposes.
• After Death: Florida recognizes a post-mortem right of publicity, which allows the right to be transferred to the person’s estate or heirs. This post-mortem protection lasts for 100 years after the individual’s death.

Scope of Protection:

• The right of publicity in Florida covers a broad range of identifiers, including name, image, likeness, voice, and other distinctive characteristics that identify a person.
• Protection extends to both commercial and non-commercial uses, but the strongest protections are typically in cases where the use is for commercial purposes.

Exceptions and Limitations:

• Public Interest: Use in news, public affairs, or educational contexts is generally permitted without consent.
• Creative Works: Use in literary, artistic, or musical works may be allowed under fair use or First Amendment protections.
• Public Figures: Public figures may have a higher threshold for proving injury, as their likenesses may be more in the public domain.

Enforcement and Remedies:

• If someone’s right of publicity is violated, they can seek legal remedies, including injunctions, actual damages, and disgorgement of profits.
• Cases often involve balancing the right of publicity against other rights, such as free speech, particularly in creative or public interest contexts.

When to Seek Legal Advice:

• If you believe your right of publicity has been violated, or if you are unsure whether a particular use is permitted, it is advisable to consult a legal professional. They can provide guidance based on the specifics of your situation and help you understand your rights and options.

For more detailed information, you can refer to the Florida Statutes, specifically the sections related to the right of publicity.