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On September 2, 2019, international superstar Ariana Grande filed a lawsuit in California against Forever 21, the clothing store that popularized fast fashion. Ariana has provided me with the perfect opportunity to discuss the right of publicity.
What is the right of publicity?
It is the right every individual has to control the commercial use of their identity. What does that mean? That no one can make money off of your image, likeness, voice, anything that can be used to identify you without first getting your permission and/or compensating you.
Certain states have very strong right of publicity laws. One of those states is California, which has both common law (which is law derived from court cases) and a statute governing the right of publicity. This makes sense since California is a state in which many celebrities, whose likeness is very valuable, reside.
Thanks for the lesson! Is this why Ariana Grande sued Forever 21?
You’re welcome! Yes, it is one of the reasons. According to Ariana’s complaint, in November 2018 and after the release of her hit “Thank U, Next,” Forever 21 approached Ariana and asked her to endorse their brand on social media. Negotiations fell through because Ariana and Forever 21 couldn’t agree on terms.
Between January and April 2019, Forever 21:
Ariana’s representative/lawyers requested on 3 separate occasions that Forever stop using Ariana’s name, image, likeness, and music. In April 2019, Forever removed the unauthorized posts.
In September 2019, Ariana sued Forever 21 for, among other things, violation of California’s common law and statutory right of publicity. You can read the entire complaint here.
What are your thoughts about this??
If the allegations above are true, there is a huge problem. Ariana worked hard to bolster her reputation and value of her image. It is unfair for anyone to reap the benefits of her work without compensating her fairly.
I also think it’s good that she enforced her rights because she is a role model to many. Now others, including influencers, will try to learn about the right of publicity.
How else could I learn about the right of publicity?
For more information about the right of publicity, you can read these blog posts or contact us here.
