Anatomy of a Right of Publicity Contract: Bonanza or a Bargain Basement Deal

• Author: Weston Anson
• Pages: 227-238

227

Anatomy of a Right of

Publicity Contract: Bonanza

or a Bargain Basement Deal

This chapter is in fact one big case study. In it we will review an actual contract between

two major players on the global scene. The first is a global female cinema star (who we

will refer to as the “A-list” celebrity), whose films invariably end up as one of the top

five grossing films in virtually every major market around the world. The party on the

other side is one of the top European couture/fragrance houses, which we will refer to

as Company C.

Celebrity A and Company C entered this contract, which was successfully executed

over a roughly three-year period of time that covers the years at the end of the last

decade. Thus, the contract is very contemporaneous in its approach, terms, and condi-

tions. However, as we will see, some of the terms and conditions are quite restrictive—

in fact, the purpose of reviewing this contract is to point out that what may seem to be

an enormous bonanza of $10 million is in fact a quite paltry payment to Celebrity A,

given all of the work that she’s required to do, and given the incredibly broad usage of

her rights of publicity that are given to Company C in this contract.

In fact, the question of $10 million bonanza or bargain basement deal is one that is

well asked.

We have excerpted sample key language from the contract throughout this chapter,

so the reader can refer to key clauses as we move through an analysis of the contract

in the next several pages.

CHAPTER 15

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