Influencer Likeness Rights: Navigating Perpetual Use Laws

Understanding right of publicity laws for using influencer likenesses in perpetuity is crucial in today’s digital marketing landscape. As influencer collaborations grow, so do legal complexities around usage rights. If you wish to use influencer content forever, you must be aware of the evolving legal and ethical boundaries—protecting both your brand and the influencer’s rights starts now.

What Is the Right of Publicity? Definition and Importance for Marketers

The right of publicity is the legal concept that gives individuals control over the commercial use of their name, image, likeness, or other recognizable aspects of their persona. For marketers and agencies, respecting this right is not just about compliance—it’s about ethical brand stewardship and minimizing legal risk.

Today’s influencers have robust publicity rights, even after a campaign ends. If you’re planning to use influencer content—such as photos, videos, or voice recordings—indefinitely, explicit and ongoing legal consent is essential. Rights of publicity vary by jurisdiction, making it critical to confirm not only if, but for how long and in what media your rights extend. Failure to secure the right permissions can result in lawsuits, reputational damage, and campaign takedowns.

Legal Nuances: Right of Publicity Laws Across U.S. States and Internationally

Not all right of publicity laws are equal. In the United States, these rights are governed primarily by state law, with states like California and New York offering some of the strongest protections. As of 2025, more than half of U.S. states recognize some form of the right, with key differences:

• Duration: In states like California, publicity rights can last up to 70 years after the person’s death, while other states offer shorter or no post-mortem rights.
• Scope: Some states protect only name and image, others include voice, signature, and more.
• Statutory vs. Common Law: Some states have codified rights of publicity, others rely on court decisions for enforcement.

Globally, publicity rights are more fragmented. The European Union, for example, generally treats personality and privacy under GDPR, while countries like Australia handle likeness rights under common law. This patchwork means that using influencer likenesses in perpetuity may require you to secure rights in every jurisdiction where you’ll use the content.

Negotiating Influencer Agreements: Best Practices for Perpetual Likeness Rights

When seeking to use an influencer’s likeness in perpetuity, your contract is your legal shield—and the source of potential conflict if not handled properly. Best practices include:

• Clarity: The agreement should explicitly define what “in perpetuity” means, listing every intended use, platform, and territory.
• Consideration: Influencers may expect greater compensation for perpetual rights; fair remuneration is both legal and reputationally smart.
• Revocation & Morality Clauses: Include mechanisms allowing either party to end the use based on reasonable grounds, such as brand misalignment or influencer rebranding.
• Written Consent: Document the influencer’s understanding and acceptance of perpetual use, ideally with legal counsel present.

Brands should also keep clear, auditable records of all agreements and renew consent if the nature or scope of use changes.

Risks of Using Likenesses in Perpetuity Without Proper Rights

Many businesses underestimate the potential fallout from misusing influencer content. The main risks associated with failing to properly secure perpetual likeness rights include:

• Litigation: Influencers can sue for unauthorized use, resulting in costly settlements and negative press.
• Cease and Desist Orders: Content may be pulled from campaigns or platforms, causing disruption and financial loss.
• Reputational Harm: Perceived exploitation can alienate your audience and other potential influencers.
• Platform Policy Violations: Social media platforms increasingly enforce right-of-publicity standards, risking account suspension.

As more creators advocate for their rights (with reports of influencer litigation increasing by nearly 20% in 2024), the stakes are higher than ever. Proper legal processes now protect both sides in these agreements.

Staying Compliant: Strategies for Lawful Long-Term Influencer Content Use

To ensure compliance and build trustworthy relationships, brands should take these steps:

1. Conduct Regular Legal Reviews: Assess all influencer contracts for up-to-date and jurisdiction-specific language, especially regarding perpetual use.
2. Respect Withdrawal Rights: Consider offering influencers a periodic review of materials, so your brand remains aligned with their values and current likeness.
3. Leverage Technology: Use digital rights management systems to track, store, and manage influencer permissions across all touchpoints.
4. Prioritize Transparency: Communicate openly with influencers about how, where, and for how long their content will be used.
5. Adapt Quickly to Legal Changes: Laws are evolving, especially as AI-generated content blurs the lines of likeness and consent. Stay informed and flexible.

A proactive, transparent approach not only mitigates legal risk but also positions your brand as a partner of choice for top creators.

Ethical Considerations: Respecting Influencer Rights Beyond Legal Compliance

The legal framework sets the baseline. However, ethical best practices mean respecting influencer autonomy long after the ink dries on a contract.

• Empower Influencer Choice: Offer options in agreements—such as tiered licensing instead of one-size-fits-all perpetual rights.
• Reevaluate Relationships: Recognize that an influencer’s brand evolves. Provide chances to renegotiate or update terms as their career or image changes.
• Champion Fair Pay: Given the lasting value of perpetual use, ensure compensation reflects the lifetime value you’ll gain from their likeness.

Taking an ethical stance safeguards your brand’s reputation and attracts influencers seeking long-term, mutually beneficial collaborations.

Conclusion: Secure Likeness Rights for Sustainable Influencer Partnerships

Understanding and respecting right of publicity laws for using influencer likenesses in perpetuity is essential to running ethical and legally sound campaigns. By combining legal diligence with transparent, fair influencer relationships, your brand can unlock the full value of long-term content—while safeguarding against costly disputes and strengthening your reputation in 2025 and beyond.

FAQs: Right of Publicity and Influencer Likeness in Perpetuity

• What is the right of publicity?

  The right of publicity grants individuals legal control over how their name, image, likeness, and distinctive features are used for commercial purposes. For brands, it means explicit permission is needed before using an influencer’s likeness in campaigns or advertising.

• Can I use influencer content forever once I’ve paid for it?

  No. Unless your contract specifically grants you “perpetual” rights with clear terms, you cannot use an influencer’s content indefinitely. Always secure written, informed consent outlining the scope and duration of your rights.

• Are right of publicity laws the same everywhere?

  No. In the U.S., right of publicity laws vary by state and may last beyond the influencer’s death, whereas other countries may have less defined or stricter rules. Always check each jurisdiction where you operate or use content.

• What happens if I use an influencer’s likeness without permission?

  You risk legal action, financial penalties, reputational harm, and campaign takedowns. Influencers are increasingly enforcing their rights, and platforms may suspend or ban accounts for violations.

• Is it ethical to ask for perpetual rights?

  It’s ethical if handled transparently, with clear communication, fair compensation, and respect for the influencer’s ability to reevaluate or update terms. Many creators prefer flexible, mutually beneficial agreements.