Right of Publicity

We Represent Clients In The Following Practice Areas

Intellectual property is the area of law that deals with protecting the rights of those who create original works.
It covers everything from original plays and novels to inventions and company identification marks.

  • "Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed."

    - William Shakespeare, Othello act 3, sc. 3

The "right of publicity" is the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of their identity. The law surrounding the right of publicity tends to come up in cases where someone uses the name or likeness of a celebrity or well known individual in order to sell a product or service, without permission from or compensation to that person.

The state of South Carolina did not recognize a person's right of publicity until the issue was settled at the SC Supreme Court in 2009, in the case of Gignilliat v. Gignilliat, Savitz and Bettis. Southeast IP Group's lead attorney, Tom Moses, argued this landmark case and persuaded the court not only to recognize an individual's right of publicity in South Carolina, but further, to recognize that a person’s right of publicity could be passed on to his or her heirs after death.

If another party is using some aspect of your identity for commercial gain without permission, we are available to analyze your case and take appropriate action, if necessary, to enforce your valuable publicity rights and to prevent others from capitalizing on your good name and reputation.