Alabama’s Laws on the Use of Personal Likeness in Entertainment Advertisements

In Alabama, the laws regarding the use of a person's likeness in entertainment advertisements are guided by a combination of state statutory law and common law principles. Understanding these laws is crucial for businesses and individuals engaged in the entertainment industry to navigate legal boundaries and ensure compliance.

Under Alabama Code § 6-5-770, the right of publicity is recognized, which grants individuals the ability to control the commercial use of their name, image, or likeness. This law prohibits unauthorized use in advertisements, promotional materials, or any commercial setting, ensuring that celebrities and individuals can protect their personal brand.

Furthermore, the right of publicity in Alabama allows individuals to file lawsuits against entities that exploit their likeness without permission. This is particularly relevant in the realm of advertising where companies may seek to use a celebrity’s image to boost the recognition of a product or service. To avoid potential legal disputes, businesses must obtain explicit consent from individuals before using their likeness.

Additionally, in the context of entertainment advertisements, a clear distinction is made between commercial use and editorial use. Editorial use, how an individual or organization showcases or discusses a public figure or event, typically does not require consent as it falls under free speech protections. However, if the use leans into promoting a product or service, then obtaining consent is necessary.

Moreover, Alabama recognizes the concept of “false light,” where an individual can pursue legal action if an advertisement misrepresents them or conveys misleading impressions. This adds another layer of protection for individuals concerning the use of their likeness in advertising contexts.

When it comes to minors, Alabama law requires that guardians of underage individuals give consent for the use of their likeness. This is important for advertising in the entertainment sector aimed at or featuring children, aligning with broader child protection laws.

In summary, Alabama's laws on the use of personal likeness in entertainment advertisements emphasize the importance of consent, protect against unauthorized exploitation, and establish clear legal avenues for recourse. For businesses in the entertainment industry, understanding and adhering to these legal principles is vital in fostering ethical marketing practices while safeguarding personal rights.

As the landscape of advertising continues to evolve, especially with the growth of digital media, remaining informed about these laws will help advertisers not only avoid potential legal pitfalls but also build respectful relationships with individuals whose likenesses they wish to feature.