The right of publicity law directly impacts how influencers’ names, images, or likenesses can be used, especially in perpetuity. Navigating these rules is essential for brands and marketers to avoid legal pitfalls and protect their investments. This guide clarifies current best practices—and key risks—when leveraging influencer likenesses long-term.
Understanding the Right of Publicity: Protecting Influencer Likeness
The right of publicity is a legal concept that gives individuals control over how their identity is commercially used. For influencers, this covers their name, image, signature, voice, and even distinctive gestures or catchphrases. While initially created to protect celebrities, these laws now apply broadly—including to nano- and micro-influencers. If your campaign wants to use an influencer’s likeness in perpetuity, understanding jurisdictional nuances is crucial.
The enforcement and scope of right of publicity regulations vary across U.S. states and countries. Some jurisdictions allow commercial use only with written consent, while others provide post-mortem rights extending decades after an individual’s death. For brands, this means navigating a patchwork of statutes. California, for example, has some of the most robust right of publicity laws, while other states like New York have updated statutes in recent years to expand protections for digital likenesses. Ensuring compliance in the influencer’s domicile and every target market is non-negotiable for risk mitigation.
Securing Perpetual Usage Rights: Contract Strategies for Marketers
If you want to use influencer content or likeness “in perpetuity,” airtight contracts are essential. A robust influencer agreement should:
- Clearly define “likeness” to cover photos, videos, voice, signature moves, and digital avatars.
- Specify that the rights granted are perpetual, detailing all intended platforms and uses.
- Address termination: Even if rights are perpetual, consider what happens if the influencer demands removal in the future.
- Assess compensation: Many creators expect a premium for lifetime usage, so budget accordingly.
- Include global territory rights if content will be shared internationally.
Brands should also seek explicit waivers for moral rights, particularly when content might be substantially altered or repurposed over time. Remember, ambiguous language favors the influencer, not the brand. Consulting with an attorney experienced in right of publicity law is strongly recommended before finalizing any perpetual usage agreement.
International Variations: Right of Publicity Beyond the US
Right of publicity protections aren’t uniform worldwide. In the European Union, personality rights are often protected under data privacy and intellectual property laws, but there’s no single, harmonized standard. Some jurisdictions, like France and Germany, offer strong personal rights but can interpret “in perpetuity” clauses strictly. In Japan, recent legal decisions have broadened protection for celebrity likeness, while countries like Australia treat commercial exploitation of image rights inconsistently absent statutory law.
This variation means international campaigns must:
- Identify all jurisdictions where influencer content will appear
- Customize contracts for each relevant legal system
- Monitor for legal updates on image rights in each territory
- Obtain additional releases if influencer likeness might be repurposed for new uses or emerging platforms such as VR or generative AI
In 2025, widespread adoption of generative AI tools has led to new statutes in regions like the EU and parts of Asia addressing deepfakes and synthetic likeness creation. Brands must stay agile and proactively secure consent for present and future technologies.
Emerging Issues: Deepfakes, AI, and Synthetic Influencers
Right of publicity law is evolving. As AI-generated influencers (“virtual humans”) and deepfake technologies become mainstream, traditional contract language may not suffice. Synthetic likenesses that mimic a real influencer’s face or voice—whether used in ads or social media—are now covered by newly updated laws in states like California and countries such as South Korea.
Marketers should proactively address:
- Consent for AI-generated or manipulated versions of an influencer’s likeness
- Whether “in perpetuity” extends to posthumous digital recreations
- Guardrails for content that could compromise an influencer’s reputation, even years after their original endorsement
- Disclosure requirements, as some regions now mandate transparent labeling of AI-altered influencer content
Informed consent is fundamental. Influencers are pushing for tighter controls and opt-outs around AI uses—even in situations where perpetual rights are otherwise granted. Failure to address this explicitly could result in litigation, PR blowback, or regulatory risk.
Managing Reputation and Relational Risks with Perpetual Use
While perpetual usage offers brands a long runway for campaign ROI, it can also trigger relationship risks. Influencers’ personal brands and public images evolve—sometimes dramatically. Using outdated or controversial content may harm both the creator and the brand, especially if the influencer’s values or reputation change over time.
Best practices in 2025 for brands seeking perpetual rights include:
- Building flexible “sunset” clauses—allowing either party to end perpetual use under specific circumstances (e.g., reputational harm, business pivots, death of the influencer)
- Committing to periodic reviews and updates of content in long-term campaigns
- Clarifying post-mortem rights—especially if the campaign could extend beyond the influencer’s lifetime
- Open communication and regular check-ins with influencer partners
These steps help maintain goodwill and reduce the risk of litigation or negative publicity years down the line.
Current Best Practices: Ensuring Legal Compliance in 2025
The most effective approach to perpetual influencer usage in 2025 hinges on three priorities:
- Transparency: All parties should understand what “perpetual” means—and how likeness may be used across technologies and jurisdictions.
- Documenting Consent: Obtain express, written consent covering all possible platforms, including emerging formats like holography or virtual events.
- Ongoing Monitoring: Laws are dynamic. Brands and agencies must review existing contracts at least annually and update terms as regional statutes evolve.
Ultimately, protecting influencer rights and building robust legal frameworks for perpetual use fosters trust and minimizes disruptive disputes for all involved.
Frequently Asked Questions
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What is the right of publicity?
The right of publicity is a legal right allowing a person to control and profit from the commercial use of their name, image, likeness, or other distinctive aspects of identity.
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Can I use an influencer’s content in perpetuity?
Only with clear, written consent. The influencer agreement must specify perpetual, global usage rights. Laws vary by jurisdiction, so it’s wise to consult counsel before using influencer content indefinitely.
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Do right of publicity laws differ internationally?
Yes. There is no global standard. Some countries have robust protections, while others lack clear statutes. Always tailor contracts to the legal requirements of every market involved.
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How does the rise of AI affect perpetual influencer rights?
AI has complicated usage rights. Modern agreements must now account for deepfakes and synthetic reproductions, securing influencer consent for AI-generated versions and future technologies to remain legally compliant.
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Can perpetual rights be revoked?
In most cases, a properly drafted contract cannot be unilaterally revoked. However, “sunset” or termination clauses can enable parties to end use under certain conditions.
Navigating the right of publicity for perpetual influencer use is complex but manageable with clear contracts, informed consent, and ongoing legal review. Proactive brands ensure compliance and safeguard both long-term marketing investments and influencer relationships.