Right of Publicity in California (Civil Code 3344): Using a Name or Likeness in Business

Last updated: November 2026

The right of publicity in California makes a business liable when it knowingly uses another person's name, voice, signature, photograph, or likeness on products or in advertising without prior consent. (Civ. Code, § 3344, subd. (a).) The injured person recovers the greater of $750 or actual damages, plus profits attributable to the use, and the prevailing party is entitled to attorney fees. Kolmogorov Law, P.C. handles these claims for accused businesses and for founders and professionals whose names were used, in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online if your business has received a demand over a photo or testimonial, or a competitor is trading on your name.

What Civil Code 3344 prohibits

Civil Code section 3344 is narrow in one respect and broad in another. It applies only to a knowing use of a person's name, voice, signature, photograph, or likeness. But it covers any such use on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent. (Civ. Code, § 3344, subd. (a)(1).) For a minor, the consent must come from a parent or legal guardian.

The statute protects individuals. A company's trade name is protected by trademark and unfair competition law instead; our trademark registration guide covers that side. A founder, physician, or contractor whose personal name is used to sell someone else's services is squarely within section 3344.

California also recognizes a common law right of publicity that runs alongside the statute, and the statutory remedies are cumulative with any others the law provides. (Civ. Code, § 3344, subd. (g).) A separate statute addresses the identities of deceased personalities.

Damages, profits, and fees

The statutory remedies are what make these claims worth bringing and worth settling. The person who violated the section is liable for the greater of $750 or the actual damages suffered from the unauthorized use. Profits from the use that are attributable to it and not already counted in actual damages are added. To establish profits, the injured party need only prove the gross revenue attributable to the use; the defendant must prove its deductible expenses. Punitive damages may also be awarded. (Civ. Code, § 3344, subd. (a)(1).)

Then the fee provision. The prevailing party in any action under the section shall be entitled to attorney fees and costs. (Civ. Code, § 3344, subd. (a)(1).) That runs both ways. A plaintiff with a weak claim faces the defendant's fees, and a defendant who ignores a valid demand can end up paying for both sides.

The statute also lets a party seek an injunction or temporary restraining order under Code of Civil Procedure section 527. When the court orders material removed, recalled, or taken out of circulation, the respondent must comply within two business days after the order is served unless the order says otherwise. (Civ. Code, § 3344, subd. (a)(2).)

Exceptions and defenses

Consent is the first defense, and the first question I ask is whether there is a signed release or a written grant of rights. An oral permission, an email, or a social media comment can be consent, but proving its scope is harder.

The statute excludes uses in connection with any news, public affairs, or sports broadcast or account, or any political campaign. (Civ. Code, § 3344, subd. (d).) A use in a commercial medium does not require consent solely because the medium is commercially sponsored or carries paid advertising. Whether the use was so directly connected with the sponsorship or advertising as to require consent is a question of fact. (Civ. Code, § 3344, subd. (e).)

The statute does not apply to the owners or employees of an advertising medium, such as a newspaper, station, or billboard company, that carries a violating ad, unless they knew of the unauthorized use. (Civ. Code, § 3344, subd. (f).) And where an employee's photograph in the employer's advertisement is only incidental, and not essential, to the publication's purpose, a rebuttable presumption arises that the failure to obtain consent was not a knowing use. (Civ. Code, § 3344, subd. (c).)

How it comes up for businesses

A clinic features a patient's before-and-after photos and first name in a paid social campaign after the patient agreed to let the clinic "share results." The patient later objects. The dispute is about the scope of the consent and the profits the campaign generated.

A contractor leaves a home improvement company, and the company keeps his photo and a testimonial under his name on its website and in a mailer for a year. The company's position that he was an employee when the photo was taken does not answer the use after he left, and the incidental-use presumption is weak when the testimonial is the point of the mailer. Our departing employee protocol page includes removing departed staff from marketing materials for this reason.

A competitor buys ads and builds a landing page using the name of a well-known local physician to suggest an affiliation that does not exist. The physician has a section 3344 claim, and the practice has unfair competition and false advertising claims. Our page on a competitor using your business name in Google Ads covers the overlap.

The claims that travel with it

A right of publicity claim rarely comes alone. The same facts usually support a claim under the Unfair Competition Law for unlawful or fraudulent business practices, and false endorsement claims under federal trademark law where the use implies sponsorship. Our page on Business and Professions Code section 17200 explains that claim.

Where these cases are heard

Section 3344 claims are filed in the Superior Court, at the Central Justice Center in Santa Ana for Orange County and the Stanley Mosk Courthouse for Los Angeles. When a federal false endorsement claim is joined, the case can be brought in the Central District of California.

What to bring to the first meeting

Bring the advertisement, listing, or page at issue with dates and screenshots, any release, contract, terms of service, or message that might show consent, the revenue connected with the campaign or listing, and any demand letter already sent or received. If the person whose identity was used was an employee or customer, bring the agreements that governed that relationship.

Frequently asked questions

What is the right of publicity in California?

The right to control commercial use of your name, voice, signature, photograph, or likeness. Civil Code section 3344 makes a knowing use on products or in advertising without prior consent actionable, with a minimum recovery of $750, actual damages, attributable profits, possible punitive damages, and attorney fees to the prevailing party. (Civ. Code, § 3344, subd. (a)(1).) A common law claim exists as well.

Can I use a customer's photo or name in my advertising?

Only with consent, and the consent should be written and should describe the uses. A general permission to "share" a photo may not cover a paid campaign. Using a customer's name or likeness to sell goods or services without consent is the conduct the statute targets.

What are the damages for violating Civil Code 3344?

The greater of $750 or actual damages, plus profits from the unauthorized use that are attributable to it, with the plaintiff proving only gross revenue and the defendant proving its expenses. Punitive damages may be awarded. The prevailing party is entitled to attorney fees and costs. (Civ. Code, § 3344, subd. (a)(1).)

Does section 3344 apply to news stories or political ads?

No. A use in connection with any news, public affairs, or sports broadcast or account, or any political campaign, is not a use requiring consent. (Civ. Code, § 3344, subd. (d).) Whether a use in a commercially sponsored medium is advertising or editorial is a question of fact. (Civ. Code, § 3344, subd. (e).)

Can a business sue under the right of publicity?

Not for its own trade name; section 3344 protects persons. A business owner whose personal name or likeness was used can sue, and the business can bring trademark, false endorsement, and unfair competition claims over the same conduct.

Talk to a California intellectual property litigation attorney

If your business has been accused of using someone's identity, or a competitor is using yours, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and litigates intellectual property and unfair competition claims in Orange County, Los Angeles, and throughout California. See also our intellectual property litigation page.

This page provides general information about California law and is not legal advice. Outcomes depend on the use, the evidence of consent, and the court.