Right of Publicity Damages Calculator
Estimate damages for unauthorized commercial use of a person's name, likeness, or voice. Covers actual damages, defendants' profits, California's $750 statutory minimum (Cal. Civ. Code §3344), and willfulness enhancement.
What Is the Right of Publicity?
The right of publicity is a person's legal right to control the commercial use of their name, likeness, voice, signature, or other identifying characteristics. It is primarily a state law right — California protects it under Civil Code §3344 (for living persons) and Civil Code §3344.1 (for deceased persons up to 70 years after death). Unauthorized commercial use — using someone's photo in an advertisement, voice in a product promotion, or name in branded merchandise without consent — triggers right of publicity liability. Source: Cal. Civ. Code §3344; Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988). Last updated: May 2026.
California §3344: Damages and Statutory Minimum
| Damage Category | Measure | Notes |
|---|---|---|
| Actual damages | Fair market value of license for the use | Expert testimony from talent agents |
| Statutory minimum | $750 per violation | California only — applies even without proof of actual loss |
| Defendant's profits | Revenue attributable to the unauthorized use | Defendant bears burden to apportion |
| Punitive damages | Jury discretion (up to 9× actual per due process) | Requires malice, oppression, or fraud (Civ. Code §3294) |
| Attorney's fees | Reasonable fees at court's discretion | California §3344 expressly provides for fee recovery |
State-by-State Right of Publicity Protections
Right of publicity protection varies significantly by state. California's Civil Code §3344 provides the strongest protections — express statutory minimum damages ($750 per violation), attorney's fees, and express coverage of voice and likeness, including AI-generated content. New York's Civil Rights Law §50-51 protects living persons' names and likenesses from commercial exploitation but has no statutory minimum and a narrower scope. Texas (Civil Practice & Remedies Code Ch. 26) and Florida (Fla. Stat. §540.08) protect living persons with varying damages structures. Post-mortem protection ranges from none (some states) to 70 years (California). Always consult a licensed entertainment attorney in the applicable state for specific advice. This calculator provides general legal information only — not legal advice.
Frequently Asked Questions
What is the right of publicity?
The right of publicity is a person's right to control the commercial use of their name, likeness, voice, signature, or other identifying characteristics. California protects it under Civil Code §3344 (living persons) and §3344.1 (deceased persons — 70 years post-death). New York protects it under Civil Rights Law §50-51.
What damages can I recover in California for right of publicity infringement?
Under California Civil Code §3344, a plaintiff may recover: (1) actual damages — fair market value of a license; (2) the defendant's profits attributable to the use; (3) punitive damages for malice, oppression, or fraud; (4) attorney's fees. The statute provides a statutory minimum of $750 per violation.
What counts as unauthorized commercial use?
Using someone's name, photo, or likeness in advertising, promotional materials, merchandise, or commercial content without consent. Editorial, news, and transformative artistic uses are generally exempt under the First Amendment.
Does the right of publicity survive death?
In California, the right of publicity for deceased persons is protected under Civil Code §3344.1 for 70 years after death (for persons who died after January 1, 1985). New York extended post-mortem rights to 40 years in 2020. Protection varies significantly by state.
Can AI-generated likenesses violate the right of publicity?
Yes — using AI to generate a realistic likeness of a real person for commercial purposes without consent can violate the right of publicity. California SB 1539 (2024) and the proposed federal NO FAKES Act specifically address AI-generated likenesses. Voice cloning is also protected.
What is the First Amendment defense to a right of publicity claim?
The First Amendment protects expressive and transformative uses of a person's likeness in art, commentary, satire, biography, and news. Courts apply the 'transformative use test' — a work must add sufficient creative expression beyond a mere realistic reproduction. A photorealistic depiction of a celebrity with no transformative element typically fails this test.