Practice Areas

Privacy Rights Litigation

San Francisco, California Privacy Rights Litigation Lawyer

Celebrities, athletes, and artists have certain rights in regard to the commercial use of their image, voice, or persona. Under sections 3344 and 3344.1 of the California Civil Code, reproducing or using the image, voice, or persona of someone without their permission constitutes a violation of their privacy rights.

Privacy rights extend to the celebrity status of deceased persons as well. Permission for the reproduction of photographs, movie stills, or other depictions of a deceased celebrity requires permission from the person or corporation who owns the rights to them. The Fergus law office enters into litigation against companies and individuals who violate the privacy rights of celebrities, recovering damages for lost royalties or harm to one's reputation.

If you own the rights to a deceased celebrity's work or, are a celebrity who has had his or her image reproduce without your permission, contact privacy rights litigation attorney Gary S. Fergus today to schedule an appointment to discuss your case.

Privacy Rights and the Unauthorized Use of Celebrity Status

Attorney Gary S. Fergus represents clients in regard to the following kinds of privacy rights violations:

• Unauthorized reproduction of a celebrity's image on t-shirts, posters, goods, or advertisements
• Falsely claiming a celebrity endorsement for a product or event that a celebrity in fact never endorsed
• Unauthorized use of a celebrity's voice
• Using the iconic nature of a famous photograph or pose for advertisements or merchandise (for example, imitating the raising of the flag on Iwo Jima or posing a model to imitate one of Marilyn Monroe's famous photographs.)
• Musical acts or "tribute bands" that market themselves as famous recording artists
• Pretending to be, or passing one's self off as a celebrity in order to promote merchandise, store openings, or other events

Fair Use, the Public Domain, and Other Defenses

The use of celebrity persona for satirical purposes falls outside the celebrity right to privacy. When a photograph or celebrity impersonation is intended to satirize the public persona of the celebrity in question, his or her personality is not being used for commercial purposes. Likewise, the use of a historical person's image, such as that of Abraham Lincoln, is considered part of the public domain - regardless of whether or not someone owns the rights to certain pictures or writings of Lincoln.

However, when an entertainer builds an acting business or career around impersonating a celebrity, he or she is making commercial use of the celebrity's persona. Consequently, any attempt to use celebrity status for economic gain requires permission from the celebrity themselves, or those that own the rights to what is not in the public domain.

Contact Privacy Rights Attorney Gary S. Fergus Today

Mr. Fergus has represented a number of celebrities in litigation involving the violation of privacy rights. If your privacy rights are being violated, contact the Fergus law office today to schedule an appointment to discuss your case.

If you are involved in a legal matter that involves, or could involve, significant civil trial work, we invite you to contact us online or call (415) 537-9030. Fergus, A Law Office is based in San Francisco, California, representing clients throughout the metropolitan areas of Los Angeles and San Francisco, including the cities of Burbank, Pasadena, Riverside, San Jose, Cupertino, Sunnyvale, Mountain View, Palo Alto, Redwood City, San Mateo, Berkeley, and Sacramento.