Issue link: https://digital.copcomm.com/i/1012073
32 SAG-AFTRA | Summer 2018 | sagaftra.org Rights of Publicit y To the extent your name, image or likeness is exploited for commercial purposes without your permission, there are laws throughout the United States that may provide remedies for these unauthorized uses. Contact SAG-AFTRA for more information if you have questions. California Laws Reg ulating Pornog raphy It is a misdemeanor for a person to intentionally distribute an image of another person depicted engaged in an act of sexual intercourse when the distributor knows or should know that the image will cause serious emotional distress and the person depicted in fact suffers that distress. Defamation If someone uses your digital likeness in unauthorized content or advertisements while pretending it is the real you and if that use is harmful to your reputation, you may be able to make a claim for defamation. False Light This is a type of privacy invasion law that protects an individual when something about them that is highly offensive is implied to be true, but is actually false. Public Disclosure of Private Facts If there is a public disclosure of non-newsworthy, private information about you and a reasonable person would find that disclosure of information offensive, you may have a claim for public disclosure of private facts. Trademark Rights A trademark is a word or symbol that signifies the ownership or source of a product or service. In many cases where a person's identity is misused commercially, trademark law may provide an avenue for bringing a legal claim. Consider registering trademarks in your name, signature and any other uniquely identifying words or symbols. Moral Rights The concept of moral rights is not recognized in the United States, but could be applicable if dealing with the misuse of your image abroad, particularly in Europe. It is a concept that allows creators the right to protect the integrity of their works against alteration or distortion. Know Your Rights Thirt y-three states recognize some form of publicit y rights for living people and 25 states recognize some form of post-mortem publicit y rights. Here are some existing laws that may help you combat misuse of your image, voice and likeness: