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A name and likeness agreement allows a business or individual to use someone else’s name, image, photograph, defining attributes, or general ‘likeness’ for profit. This means to can be used for advertising, promotional, or other for-profit activities.
Use the form builder below to create a Name and Likeness Agreement or view an editable version on Google Drive.
Creating a Name and Likeness Agreement is best practice when utilizing someone’s image regardless of whether they are famous or not. The Agreement will protect the continued use of the likeness from most common lawsuits.
Purpose of a Name and Likeness Agreement – Protections
When someone brings forward a claim for unlawful use of name or likeness there are 3 elements that you will want protection from.
The Use of a Protected Attribute: Certain aspects of identity are protected by law (such as name and likeness), an agreement will give you use of that protected attribute.
Exploitation: If a case is brought forward, the plaintiff must show that the name and likeness was used for commercial, personal, or other purposes where there was a benefit/gain. If you are just utilizing the name for something such as news reporting, then there is no exploitation or gain. However, consent is a much better defense against a potential lawsuit than proving that it was for news or commentary.
Consent Not Given: In a case of unlawful use of name or likeness the plaintiff must prove that they did not give consent. A properly constructed agreement will prevent that from happening. The best defense against a name and likeness lawsuit is consent.
It is in the best interest of both parties to come to terms on an agreement that benefits both the licensor and the licensee.
If you would like to edit your own Agreement, you can use this Google Drive link to a downloadable name and likeness licensing agreement. Which will allow you more control to edit any specifics.
These forms are generally built for the widest audience, it is always best to consult a lawyer in your jurisdiction.
Another useful form is our simple photo video consent form.
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