Who Cares How Much Your Client's Brand Is Really Worth? And Why?

• Author: Weston Anson
• Pages: 105-106

105

Who Cares How Much

Your Client’s Brand Is Really

Worth? And Why?

In Part I we reviewed the legal genesis of right of publicity, also known as personality

rights. More than that, we looked at the legal foundations for those rights and gained an

understanding of both the state-by-state protection as well as broader protection that

can be claimed under trademark law and the Lanham Act. Also, we summarized interna-

tional protections in key markets and discussed some of the exemptions and defenses

for right of publicity here in the United States. We finished by taking a closer view of

similarities and differences in right of publicity coverage state by state, and at what

some would call favoritism in various states toward protecting their own celebrities and

favorite sons and daughters.

Importantly, we looked at a few case studies along the way. While brief—as all case

studies should be—they begin to form a pattern for the entire book. There is a family

of lessons in these case studies. The first is that value is time specific. The second is

that value is context dependent. The third is that type of usage plays a key role in value

(e.g., promotion versus license versus one-time use). Fourth is litigation or transaction

affects value. And finally, of course, value depends on the persona involved.

Now we commence the business side of the book—the value of these rights. How

much they are worth and the reasons they are worth that much. What are the constitu-

encies that care about this value. And the reasons those constituencies care. We’ll look

at valuation methodologies, as well as a continuing variety of short case studies. For

now, the focus is on the why, the who, and the reasons for establishing value.

Here in Part II we deal with multiple important concepts. For example, beginning in

chapter 7, we pose the question: Are celebrities in fact brands? The answer, of course,

PART II

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