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 © 2025 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

Michael Ninn Returns With 'Catherine' Sequel Made Entirely by AI

Veteran filmmaker Michael Ninn, though retired from the adult business for the past 10 years, recently unveiled a new episodic project titled "Catherine II: The Series," which serves as a sequel to his 2005 adult film "Catherine."

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Alison Rey Stars in Latest From New Sensations

Alison Rey stars with Isiah Maxwell in the latest release from New Sensations.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Bad Bella Fronts Latest From MYLF

Bad Bella stars with Hayden Wild in the latest release from MYLF.

Abella Danger Opens Up Like Never Before in X3 Magazine

Powerhouse star Abella Danger lights up the latest issue of X3 magazine, the industry’s premier “authenticity first” publication spotlighting the real personalities, passions, and stories behind today’s top creators.

Pure Taboo Debuts Bree Mills Thriller 'Let Me In Too'

Reagan Foxx stars with Shay Sights in the latest thriller from Pure Taboo, titled “Let Me In Too.”

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

Show More