A "name and likeness" clause typically grants a party the right to use another individual's name, image, and personal attributes for specific purposes, such as marketing or promotional activities. This clause ensures that the individual consents to their likeness being used and clarifies any limitations or conditions associated with its use.
Additionally, the Company has a Name and Likeness Agreement with Ms. Warren (the “Name and Likeness Agreement”), which among other things, includes a license for her likeness and imposes various obligations on the Company. As part of the Separation Agreement, the Name and Likeness Agreement terminated as of the Effective Date. In connection with the termination of the Name and Likeness Agreement, the Company agreed to remove licensed property from its website, digital assets, social media and Company-owned or -controlled assets and to discontinue use of packaging materials bearing Ms. Warren’s or Ms. Warren’s family’s name, image, likeness, signature or any other element or attribute of their persona, in each case subject to agreed phase our periods.
Talent’s Name and Likeness Rights: Subject to the terms and conditions of this Agreement, including Sections 4(e) and 4(f), Lender hereby grants to WWE: (i) a worldwide, perpetual non-assignable, sublicensable (pursuant to the provisions set forth below in Section 4(g)), license and right to use Talent’s Name and Likeness in connection with the reproduction and dissemination of Footage in accordance with Section 4(a) above in any and all media now known or hereafter devised, (ii) a worldwide, non-assignable, non-transferrable license and right to use approved aspects of Talent’s Name and Likeness in and in connection with the manufacture, promotion, marketing, advertising and sale of the Licensed Products during the License Period applicable to such Licensed Products and (iii) a worldwide, non-assignable, non-transferrable license and right to use approved aspects of Talent’s Name and Likeness during the Services Period in connection with the promotion, marketing and advertising of the Business in any and all media now known or hereafter devised.
Name and Likeness. Guarantor hereby grants to Buyer, at no cost to Buyer, the right to use his name and likeness, including without limitation any and all trademark rights thereof, in connection with Buyer’s advertising, marketing and sales programs in any and all media formats (now existing or hereafter developed) for a period of one (1) year after the Closing Date; provided however that Buyer shall not use such name and likeness in a manner substantially inconsistent with the current use of Guarantor’s name and likeness.
KH shall personally appear in mutually agreeable video, digital, and written content. Advisor reserves the right to approve any and all materials to be utilized that will contain the name and likeness of the Advisor and/or KH, including but not limited to press releases, video, audio, marketing materials and financial plans. All rights granted to the Company including but not limited to the use of Advisor and KH’s name, brand or likeness shall cease after any term or termination of this agreement.
As between the parties: (i) Licensor owns all Team Logos and Name and Likeness rights; (ii) Licensor owns all rights pertaining to MOGO Content it creates and MOGO Merchandise, subject to MOGO’s ownership of its intellectual property rights used therein; (iii) MOGO owns all technology, templates and creative formats and methods it creates; (iv) subject to Licensor’s ownership of Team Logos and Names and Likeness rights, MOGO owns the intellectual property rights in MOGO Content; and (v) Licensor reserves all rights to license, manufacture and distribute Merchandise that includes Team Logos and Name and Likeness. MOGO may exercise Sponsorship Rights with respect to MOGO Products. Sponsorship Rights with respect to Merchandise, including MOGO Merchandise, are reserved by Licensor.
“Name and Likeness” means an Athlete’s name, sobriquet, photographs, caricatures, pseudonyms, actual or simulated likeness, voice, signature, biography and derivations thereof and all logos, trademarks, copyrights, trade names and other intellectual property rights associated with the Athlete’s name, voice, signature, likeness, or any of them.
On August 1, 2018, the Company entered into the Name and Likeness Agreement (the “Name and Likeness Agreement”) with Leeland & Sig d/b/a Stanley Brothers Brand Company, a Colorado limited liability company owned by certain of the Company’s founders, including each of the seven Stanley brothers (together, the “Stanley Brothers”). Per the Name and Likeness Agreement, Leeland & Sig d/b/a Stanley Brothers Brand Company grants the Company a non-exclusive right to use the name, together with renderings of each Stanley Brother’s voice, image, and likeness, and all attributes of each Stanley Brother’s personality and appearance including any right of publicity, in connection with creation, development, manufacturing, operation, promotion, distribution, and sales of products under the Company on a royalty-free basis, subject to the terms of the Name and Likeness Agreement. Each party to the Name and Likeness Agreement will have the right to cause the other party to cease use of the name in certain circumstances such as misuse, bad acts, or a corporate acquisition. Under the Name and Likeness Agreement, the Company also agreed to seek B Corporation status (subject to the Board’s review in the exercise of its fiduciary duties). The initial term of the Name and Likeness Agreement was for a thirty-six (36) month period, with the Company agreeing to begin activities to cease all use of any intellectual property used under the Name and Likeness Agreement within thirty (30) days of expiration or termination. The Name and Likeness agreement has been extended through June 30, 2023. In connection with the Company’s execution of the Name and Likeness Agreement and as discussed below, the Company executed employment agreements with each of the Stanley Brothers on September 1, 2018 providing for aggregate annual base salaries to the Stanley Brothers of $1,425,000. The foregoing description is qualified in its entirety by reference to the Name and Likeness Agreement, included as Exhibit 10.1 to our Annual Report on Form 10-K. As further discussed below, the Name and Likeness Agreement was amended and extended on April 16, 2021.
The Company notified Twitter of the infringement of CRI’s name and likeness and the account has since been eliminated. The Company has not released any information about the Company via Twitter, and investors should not rely upon the information that was provided via the unauthorized Twitter account.
On May 18, 2022, Genius Brands International, Inc. (the “Company”) issued a press release announcing the entry into of an agreement with Marvel Studios, LLC, regarding the license of certain rights to Stan Lee’s name and likeness and the use of same in media and merchandise. A copy of the press release is attached as Exhibit 99.1 hereto.
Name and Likeness. I hereby grant FaZe, the right, but not the obligation, to use and authorize others to use my name(s), voice, image, photograph, personal characteristics, signature, actual or simulated likeness, expressions, performance, attributes, personal experiences, and biographical information (collectively “Name and Likeness”) in and in connection with the advertising, publicity, promotion, merchandising, exhibition and other exploitation of my services and all Content in all versions and formats and the businesses, services, programs or products of FaZe, and their licensees, sublicensees, assigns, advertisers and sponsors (including all advertising, publicity, promotion, and materials associated therewith), in any manner, in any and all media and by any means now known or later devised (including, but not limited to, use in and in connection with publishing, by-products, tie-ins, merchandise, commodities, in non-traditional digital advertising media, including, without limitation, in connection with non-fungible tokens, and reproduced for digital games and services of every kind) and no additional payment shall be required for any such uses. The rights granted hereunder shall survive any expiration or termination of this Agreement.
Furthermore, any use of any talent name and likeness in relation to the Deliverable, including any marketing, press release or other public disclosure, shall be subject to talent’s prior written approval, such approval not to be unreasonably withheld.
“Name and likeness” refers to the use of a person’s identity—specifically their name, image, and other identifiable attributes like voice or signature—in various forms of media, marketing, or other public contexts. This concept is central to the right of publicity, which protects individuals against unauthorized commercial exploitation of their identity. It ensures that people, including athletes, celebrities, and ordinary individuals, can control and benefit from the use of their name and likeness.
Use the term “name and likeness” when discussing legal rights related to personal identity and image control, especially in contexts involving advertising, endorsements, or any scenario where an individual’s likeness is used for commercial purposes. For instance:
When drafting clauses related to name and likeness, ensure they are clear and outline the scope of use, duration, and any compensation involved. Example clauses might read:
Name and Likeness Rights: The Company shall have the right to use the Artist’s name, likeness, and biographical information in all media forms for promotional and advertising purposes during the term of this agreement.
Grant of Rights: The Athlete grants the Organization the non-exclusive right to use his/her name, photograph, and likeness in connection with the promotion and distribution of the Team’s merchandise.
Be precise, specifying:
Name and likeness clauses are often found in contracts where the identity of a person is used for commercial gains or public presentations. Typical contracts include:
Such contracts generally contain detailed terms regarding the uses, limitations, and compensations for name and likeness rights to protect both the individual’s rights and the business’s interests.
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