QUESTION
Book publishing, people / "model" photo releases
Asked on Oct 10th, 2019 on Intellectual Property - California
More details to this question:
I've written a photo-essay book on 1969 Vietnam. I have many photos of soldiers, residents, etc. I would like to know if it's possible to publish for sale if I am not able to find some of the people to get their release for using their likeness (I think some have passed away). There are some people who are only known by their last names (Army tradition) so nearly impossible to locate them today and some people that have no known names, just the photo. If I cannot sell for profit, may I give the book away freely without fear of legal challenge?
1 ANSWER
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The "right of publicity" is a type of intellectual property that is relevant for answering your question. I see that you are from California. The right of publicity is state law specific and changes from one to another. Every individual has a right of publicity and a right to protect their name, and likeness. Sometimes right of publicity extends posthumously. A California right of publicity attorney can help you with this question. Best of luck.
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The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/
Answered on Dec 15th, 2019 at 12:32 PM