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California Right of Publicity Claims Can Be Assigned
The California Court of Appeal, Second Appellate District, decided that a right of publicity claim can be assigned. Timed Out LLC v. Youabian Inc., B242820. Two models had assigned their California common-law misappropriation and statutory right-of-publicity claims to Time Out after the models discovered that Youabian was allegedly using their images on its website to advertise the company's cosmetic medical services. After Timed Out filed suit, the defendants moved for a judgment on the pleadings on the ground that the claims couldn't be assigned because they were personal to the models. The Los Angeles Superior Court then dismissed the case. Reversing, the court of appeal observed: “Plaintiff seeks to recover only pecuniary damages for Defendants' alleged commercial misappropriation of the Models' images. Those damages are described in the complaint as the 'profits or gross revenues' Defendants received as a result of the unauthorized use of the Models' images, the usurpation of the Models rights to commercially exploit their images, and the dilution of the commercial value of the Models' likenesses. The complaint does not allege emotional distress or disturbance to the Models' peace of mind, nor does Plaintiff seek damages for hurt feelings or injury to the Models' reputation.”
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