SMALL DESCRIPTION OF OUR FOCUS
RIGHT OF PUBLICITY
The Right of Publicity gives public personalities greater control over the commercial use of their likeness. The ability to exploit the identities of others without permission is increasing with rapidly expanding digital and technological advances.
A confusion in the state laws, and in many cases no laws at all, as well as a misunderstanding of trademarks and the protections they offer, extends little if any protections for the right of publicity. Even where there are laws, in their current state, they are not adequate enough to stop the abuse.
The Artists Rights Coalition believes that the time for national, uniform protection is long past due, and it is imperative that a proactive campaign be undertaken to shape the debate over this important issue. ARC believes that uncompensated exploitation of another person's image is losing the United States billions of dollars in taxable revenue each year, and that utilizing the collective influence of it’s membership is the most effective strategy to achieve meaningful, fair federal protections.
We thus seek to enact a Federal Right of Publicity to protect the creative community and fairly compensate them for their work.
The onslaught of theft of intellectual property occurring online is in our view, the single greatest threat to the creative community at present. The Artists’ Right’s Coalition seeks to help artists in all mediums navigate the shifting sands of copyright law in the digital age.
As the law stands, the onus is on the artist to police the web for violations of their rights and send the host site a “notice and takedown” under the digital Millennium Copyright Act. Without this notice, those infringing on other’s works and the third party sites that host pirated content have a safe harbor from liability. Facing this challenge alone can be extremely daunting and time consuming.
We hope to provide artists with a valuable resource to protect their rights online, and by doing so, discourage both infringers and host sites from proliferating stolen content.
Trademarking artistic content can provide artists with a powerful tool to protect their work moving forward. Unlike Copyrights, Trademarks have no set termination date and instead, exist so long as they signify the source of a product or service.
The Artists Rights Coalition can help artists determine if applying for a trademark is appropriate for their needs, and can help them navigate the process of both securing and protecting those rights.
For those with existing trademarks, the ARC can help draft and review licensing agreements, cease and desist letters, and other instruments to help you manage your trademark holdings.