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

Isa Bella, Scarlette Moon Headline 'Married to Him, Craving Her'

Isa Bella and Scarlette Moon topline the latest release from Girlfriends Films, titled "Married to Him, Craving Her."

Girlsway Debuts Casey Calvert Drama 'Straight Girls'

Girlsway has released the new drama from multi-XMAs winner Casey Calvert, titled “Straight Girls.”

Juliana Marie, Lana Gee Front Latest Release From TeamSkeet

Juliana Marie stars with Lana Gee and Danny Mountain in the latest scene from TeamSkeet’s “Singles” series, titled “Dad’s Safety Lessons: I Caught Them Riding a Dildo Bike.”

Milena Ray Performs Her 1st DVP for Immoral Productions

Milena Ray performs her first DVP alongside Matt Bird, Terry Banks, and "Porno Dan" Leal in the latest trilogy from Immoral Productions.

Richard Mann Drops New Evil Angel Scene With Sona Bella

Sona Bella stars with director Richard Mann in a new release from Evil Angel.

Emma Rose Leads New Release from Grooby

Multi-XMAs winner Emma Rose stars in the latest release from GroobyVR.

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Anthony Pierce in the latest release from MYLF series “Anal Mom.”

Lilly Bell Makes Her Tushy Raw Debut

XMAs winner Lilly Bell has made her debut for Tushy Raw alongside Jimmy Bud in the latest release from the Vixen Media Group imprint.

Jessi Rae, Ashby Winter Star in Latest From Vixen

Jessi Rae and Ashby Winter star with Alberto Blanco in the latest release from Vixen.

Hazel Moore, Melanie Marie & Della Cate Lead Latest From Blacked

Hazel Moore, Melanie Marie, and Della Cate star with Isiah Maxwell, Hollywood Cash, and Jax Slayher in an orgy release from Vixen Media Group studio imprint Blacked.

Show More