Publicity Rights Clause Explained: What You Give Up When You License Your Name and Likeness
This page is general information, not legal advice.
A publicity rights clause, also called a name and likeness clause, gives the other side permission to use your identity. That can include your name, photo, voice, signature, biography or anything else that identifies you. These clauses show up in brand deals, sponsorships, freelance and creative contracts, employment paperwork and photo or video releases. The company usually writes them, and the default draft tends to take as much as it can for as long as it can. This page covers six common ways these clauses overreach. For each one you get an illustrative example, why it matters, and wording you can propose. How publicity rights work, and how far a contract can stretch them, varies a lot by jurisdiction.
The example clauses below are illustrative. They are not taken from any real company's agreement.
1. A grant that lasts forever, everywhere
A typical clause might read: "Talent grants Company a perpetual, irrevocable, worldwide license to use Talent's name, image and likeness."
Why it works against you
"Perpetual" and "irrevocable" mean the permission never ends and you can't take it back. That holds even after the project is over, the relationship has ended or the brand no longer fits who you are. Years later, your face could still be selling a product you would never endorse today. See perpetual content licenses explained.
What to ask for instead
Sample wording to propose: "The license runs for the Term plus [number] months and applies only in [territory]. After that, Company will not create new uses of Talent's name or likeness."
2. A broad definition of "likeness" that includes digital replicas
A typical clause might read: "'Likeness' includes Talent's name, voice, image, biographical information, mannerisms and any simulation, recreation or digital replica of the foregoing, by any technology now known or later developed."
Why it works against you
This wording can cover far more than the photos from one shoot. "Simulation" and "digital replica" could let the company create new content of you that you never performed, such as a synthetic voice or a generated image. "Later developed" stretches the grant to tools that don't exist yet. You might never see the result before the public does.
What to ask for instead
Sample wording to propose: "Likeness means the photographs, video and audio recorded during the Services. Company will not create any synthetic, generated or digitally altered version of Talent's voice or likeness without Talent's separate written consent and additional compensation."
3. Use for any purpose, by anyone the company chooses
A typical clause might read: "Company and its affiliates, licensees, successors and assigns may use the Likeness for any purpose in any media."
Why it works against you
"Any purpose" can include ads for unrelated products, political or sensitive campaigns, or uses that suggest you personally endorse something. "Licensees, successors and assigns" means the rights can be passed on to companies you have never heard of. If the business is sold, the buyer gets your likeness too. See IP assignment clauses explained.
What to ask for instead
Sample wording to propose: "Company may use the Likeness only to advertise [named product or campaign] on [listed channels]. Company may not sublicense or transfer these rights without Talent's written consent, and may not use the Likeness to suggest Talent endorses any other product, cause or person."
4. No right to review or approve
A typical clause might read: "Talent waives any right to inspect or approve the finished materials or any edits, alterations or composites of the Likeness."
Why it works against you
Without approval rights, the company can crop, edit, combine or caption your image in ways that change its meaning, and you won't see it until it's public. If something misrepresents you, this clause may leave you with little to push back with.
What to ask for instead
Sample wording to propose: "Company will give Talent a reasonable chance to review each final use before publication. Talent may reject any use that materially alters Talent's appearance or places Talent in a misleading or offensive context."
5. A release of all claims tied to the use
A typical clause might read: "Talent releases Company from any claim arising from use of the Likeness, including claims for defamation, invasion of privacy or violation of publicity rights."
Why it works against you
This waiver can cover even uses that go beyond the agreement. If your image appears somewhere harmful or false, you may have signed away the claims you would rely on. The release often runs only one way. Some places limit what can be waived, so ask a qualified lawyer. See indemnification clauses explained.
What to ask for instead
Sample wording to propose: "This release applies only to uses permitted by this Agreement. It does not cover uses outside its scope or any false or defamatory statement about Talent."
6. No added pay for extended or new uses
A typical clause might read: "The Fee constitutes full compensation for all uses of the Likeness, and no further payment shall be due."
Why it works against you
You're paid once for one project, but the rights may cover years of ads in every channel. If the campaign does well and runs longer or spreads into new media, you get nothing more. Brand and sponsorship deals often price usage separately for exactly this reason. See influencer brand deal contract red flags and sponsorship agreement red flags.
What to ask for instead
Sample wording to propose: "The Fee covers the uses listed in Schedule A during the Term. Any extension of time, territory or media requires a separate written agreement and an additional usage fee."
Also worth a look
Check whether ending the contract also ends the company's right to use your likeness. Some deals let the company walk away early while keeping every right it was granted (see termination for convenience clauses explained). Also look for exclusivity terms that stop you from working with competitors, and which law and courts apply if a dispute comes up. If you freelance, see freelance contract red flags.
Scan your own contract free
Every name and likeness clause is drafted differently, and one word like "perpetual" or "simulation" can change what you give up. Upload your contract to the ScanMyTerms freelance contract review as a PDF, DOCX, TXT or MD file, or take a photo of it. In about a minute it flags clauses that work against you, with the risk level, the exact wording, why it hurts and how to change it. The free preview needs no sign-up and shows the risk count and the first two findings. The full report is $5. ScanMyTerms does not use your documents to train AI models, and reports are deleted after 7 days.
This page is general information, not legal advice. Publicity and privacy rules vary by jurisdiction, so for decisions about a specific contract, talk to a qualified lawyer where you live.
Sources
- All clause examples on this page are illustrative and written for this guide. They are not quoted from any real company's agreement.
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