Challenges in Rights of Publicity Valuation

• Author: Weston Anson
• Pages: 191-202

191

Challenges in Rights of

Publicity Valuation

Contributed by Jeff Anderson

In the last chapter we went through the various intellectual property (IP) valuation

methodologies. We explained in some level of detail the numerous inputs and assump-

tions required to properly use those methodologies. Some of those inputs and assump-

tions are forecasted financials, discount rates, and betas. In this chapter, we will not

be discussing the detailed calculations necessary to determine items such as WACC

or CAPM, nor will we discuss how to determine, lever, or unlever beta. This relatively

short chapter will focus on how to value rights of publicity and we will discuss some of

the issues that arise when performing a right of publicity valuation.

It is by no accident that this book started with the legal underpinnings of rights

of publicity—how it was established, and the various forms of rights of publicity law,

both at the state and federal level. Rights of publicity statutes and their associated legal

definitions, as we know them today, originated from early cases of infringement of an

individual’s rights of publicity, such as was discussed in the Zacchini case, and others,

in chapter 2.

The notion of value, and the methods and reasons for determining rights of pub-

licity value, have emerged throughout this book. In the first chapter we discussed the

contextual difference in value between Rosa Parks and Lima. We also briefly touched

on California Civil Code section 3344 in the Vanna White versus Samsung case in chap-

ter 2. Here in this chapter we will look at the two approaches for determining damages

in a California Civil Code section 3344 case. Those two damages approaches are actual

damages and unjust enrichment damages.

CHAPTER 12

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