ROP and first amendment

[arif]

ROP and first amendment

Being sued for infringement of a right of publicity can have very serious consequences, including damages, attorney's fees, and a court order enjoining the infringement. But there are a variety of exceptions or defenses to infringement. Each state has different exceptions and tests to determine fair use or non-infringement. Let's start with some examples of what isn't a violation of right of publicity. These are specific statutory exceptions, meaning they are spelled out in the Right of Publicity statute. In California and Texas, you don't violate a right of publicity if you use an image in a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, or a work of political or newsworthy value.

In Nevada, right of publicity does not prohibit impersonations of a celebrity in a live performance, but you can't necessarily impersonate a celebrity voice outside of a live performance. In New York, professional photographers are immune to suits by their subjects.

Source: https://www.linkedin.com/learning/understanding-rights-of-publicity-a-deeper-dive/rop-and-first-amendment