The Illinois Right of Publicity Act and the Commercial use of Another’s Identity!

There are many forms of intangible rights that protect individuals from those that may be looking to trade of your identity.   In Illinois,  your identity, such as your name, likeness,  image, voice, alias and other features that serve to identify who you are protected from rip-off artists and scammers.  A nice feature for artists, entertainers, actors, musicians, authors, designers, film producers, videographers, photographers, speakers, professors,  doctors, attorneys,  judges and politicians.

The statute provides for 1000 in statutory damages per violation, plus allows for the recovery of legal fees and costs for the prevailing party.  It is a codification of one of the oldest forms of intellectual property rights, your Likeness.   This was recognized at common law long before the existence of copyrights, patents, and trademarks. Other than trade secrets, it may be the oldest form of intangible right or asset a person can own.

The Act requires strict compliance and a written authorization from the person before any aspects of his or her identity can be used by another.   Working with an attorney that understands how your Identity is related to your business and personal affairs is vital to making sure you protect against all rip off artists.   If someone is misusing your photographs, image, voice, alias or other intangible features of your identity, then please contact us at http://www.vrplawgroup.com

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s