Infringement and defenses

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Infringement and defenses

We've talked a little about how rights of publicity can be infringed. What does infringement mean? Well, infringement is a broad term that's often used in the context of intellectual property. If someone owns real property, rather than intellectual property, then they sometimes have to enforce their rights For example, against trespassers or squatters. But with intellectual property, when someone trespasses, we call it an infringement. It means that someone else is using your rights without permission. A copyright infringer is copied someone else's work of authorship. A patent infringer has sold a product that practices the claims of someone's patent.

For rights of publicity, an infringer is someone who has used another's name, likeness, voice, or image without permission. Thus, right of publicity infringement is the unauthorized use of someone's name, voice, image, or in some state's, their likeness or signature. Let me address how a company might infringe someone's rights of publicity. Let's say you work with a company.

Source: https://www.linkedin.com/learning/understanding-rights-of-publicity-a-deeper-dive/infringement-and-defenses