Model Publicity Rights Can Be Assigned to 3rd Parties, Court Says

SANTA ANA, Calif. — In a ruling of significant interest to adult entertainers, a state appellate court has ruled that California's "right of publicity" for models can be licensed and assigned to third parties, and enforced by the third parties.

The decision by the California Court of Appeal establishes the first published precedent in the state that explicitly holds that the right of publicity is assignable and that such rights are independent of federal copyright interests. 

The right of publicity is, in California, “a right to prevent others from misappropriating the economic value generated ... through the merchandising of the ‘name, voice, signature, photograph, or likeness’ of the [holder].” Nearly half of all states have right-of-publicity statutes.

The ruling is a boon for Timed Out LLC, a San Diego firm that helps models obtain appropriate compensation for images misused or even poached.

Adult industry attorney Allan Gelbard of Tarzana, Calif., told XBIZ that in most instances adult entertainment companies won't be impacted by the ruling because in the traditional porn biz most model releases include license for all rights.

"But it could be interesting where a model is photographed for a movie, the release doesn't include the appropriate rights, then the photographer sells the images to a dating site that uses them," Gelbard said. The "model would arguably have a claim against the dating site."

The court reinstated a suit by Timed Out, which claimed that two models had assigned their rights to Timed Out after discovering that their likenesses were used by Dr. Kambiz Youabian on a website advertising cosmetic medical services.

The suit was dismissed on grounds that that the right of publicity was “personal” and could not be assigned. But the appeal court said that  both the financial interest protected by the right of privacy, and a cause of action for misappropriation of one’s likeness, are assignable.

With the federal preemption issue over copyrights, the appeal court noted the defendant was not being sued for publishing the photographs but for misappropriating the likenesses pictured.

With the decision in Timed Out LLC vs. Youabian Inc., models no longer have to make the decision whether it is worth their time, expense and effort to pursue claims when their publicity rights are violated — they can assign the affected publicity rights to agencies such as Timed Out to pursue the claims.

The appellate panel, 3-0, reversed the lower court's judgment, ruling in favor for the models.

View model publicity rights ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Sarah Arabic Stars in Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."Directed by multi-XMAs winner Bree Mills, Arabic and Avalon play a struggling couple trying to repair their relationship.

Clara Mia Toplines Sequel to 'Fetish' From Dorcel

Clara Mia headlines the latest feature from Dorcel, "Fetish Vol. 2."

Carter James Makes Her WIFEY Debut

Carter James has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Tyler and Chocolate God.

Reptyle to Release Crossover Series 'Cougars for Cubs'

Reptyle will debut its new limited series, "Cougars for Cubs," on its studio imprints Family Strokes and MYLF.

Grooby Drops 3rd Volume of 'Domino Presley's House of Whores'

Grooby has released its latest title, the third volume of "Domino Presley's House of Whores," titled "Extraterrestrial Transsexual."

Jordinswet Performs 1st DVP for New Sensations

Jordinswet has performed her first DVP alongside Dorian Del Isla and Bradley Coocher in the latest release from New Sensations.

Lucy Mochi Makes Her Slayed Debut

Lucy Mochi has made her debut for Vixen Media Group studio imprint Slayed, alongside Della Cate.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

West Coast Productions Debuts Cory Chase Showcase 'Unleashed Desires'

West Coast Productions has released its latest showcase title, "Cory Chase: Unleashed Desires."

Show More