Today, more and more individuals are becoming connected through the internet. People are given instant updates on celebrities, public figures, and even random people they may or may not know. The computer savvy are able to sell goods or services through websites online, and using celebrities and public figures to sell goods and services is becoming even more popular and more profitable!

An individual’s right to publicity is defined by the state in which the celebrity lives and is different from state to state. In California, an individual’s right to publicity allows that individual to control how his or her name and likeness is used in a commercial setting. California law makes clear that everyone has a right to publicity, but this right may be of particular value to those few who are celebrities, those who often make a (very handsome) living endorsing products for corporate America.

California makes it illegal for anyone to use another person’s name, voice, signature, photograph, or likeness to advertise or sell goods or services. In fact, California Civil Code Section 3344 requires any person who is found liable for interfering with an individual’s right to publicity to pay the injured party a civil penalty of $750 or actual damages suffered by the injured party, whichever is greater.

All the injured party has to do to obtain his actual damages is present proof of the infringer’s gross revenue that is attributable to his unauthorized use. The injured party is also entitled to punitive damages, attorney’s fees, and costs.