Oklahoma Right Of Publicity Lawyers Protecting Your Name And Likeness
When a business uses your name, photo, voice or likeness to sell its products without your permission, Oklahoma law gives you a way to stop it and recover damages. Silverline Legal represents individuals and businesses in right of publicity disputes, and we also help companies review endorsements and advertising campaigns before they run.
How Does Oklahoma Protect The Right Of Publicity?
Under 12 O.S. § 1449, anyone who knowingly uses another person’s name, voice, signature, photograph or likeness for advertising or on products without consent is liable for the damages that use causes, and any profits from the use are counted in those damages. The injured person only has to prove the gross revenue from the use, and the other side has to prove its expenses. Punitive damages may also be awarded, and the winning party recovers its attorney fees and costs. Oklahoma also protects these rights after death under 12 O.S. § 1448, which lets the heirs or other owners of a deceased person’s rights bring similar claims for 100 years after death.
The same use can also give rise to a federal false endorsement claim under the Lanham Act, 15 U.S.C. § 1125(a), when it suggests a person sponsors or approves a product.
Name, Image And Likeness Disputes On Social Media
Many right of publicity disputes now start online. A brand reposts a creator’s photo or video to promote its products, an advertiser keeps running a campaign after an influencer or sponsorship agreement ends, or a person’s face or voice shows up in AI-generated content without permission. We represent influencers, content creators, athletes and other individuals whose name or likeness has been used without consent on Instagram, Facebook, TikTok, YouTube and other platforms, and we pursue removal, damages and related copyright or Lanham Act claims where they apply.
We also advise media companies, agencies and brands on the other side of these issues, including talent releases, influencer and sponsorship agreements, usage rights for user-generated content, and clearance for advertising, social media and broadcast content. Oklahoma’s statute does not require consent for uses in connection with news, public affairs or sports broadcasts or accounts, or political campaigns, and owners and employees of advertising media, such as publishers, broadcasters and billboard companies, are not liable unless they knew the use was unauthorized. Knowing where those lines fall matters to creators and publishers alike.
Partner Tynia McQuigg is the author of the Oklahoma right of publicity State Q&A for Practical Law (Thomson Reuters). She also represented an Instagram content creator in JulieKay, Inc. v. Nars Cosmetics, Inc. (N.D. Okla.), a federal copyright and right of publicity case over a national cosmetics brand’s use of her video. Prior results do not guarantee a similar outcome.
Talk To An Oklahoma Right Of Publicity Attorney
If your name or image is being used without your permission, or your business wants to be sure an advertising campaign is cleared, call Silverline Legal at 405-353-0869 or send us a message to schedule a consultation.