LIKENESS RIGHTS
DEFINITION
Likeness rights are the legal claims a person holds over the commercial use of their face, body, voice, or other identifying features, distinct from any copyright in a photograph or recording that captures them.
WHAT IT MEANS IN PRACTICE
A photographer can own the copyright in a portrait while the subject still controls whether that portrait is used to sell a product. These are two separate ownership layers and confusing them is the single most common licensing mistake in commercial photography and video.
In the US, likeness rights are handled through state right of publicity laws, so the rules and remedies differ between, say, California and Texas. In the EU and UK, the same ground is covered by personality rights and data protection law rather than a unified statute, with Germany and France offering particularly strong personal image protections.
A signed model release is the practical tool that clears likeness rights for commercial use. Without one, a maker may own the file but still be unable to license it for advertising.
AN EXAMPLE
Tomas shoots a striking street portrait of Amara and owns the copyright outright. A skincare brand wants to license the image for a billboard. Tomas cannot grant that use without Amara's separate consent, because the likeness rights are hers.
WATCH OUT
Owning the copyright in an image never automatically grants the right to use the person in it commercially.
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