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

Milena Ray Is Hustler's 'Cover Honey' for May

Milena Ray is the Cover Honey for the May issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Vanna Bardot, Chloe Foxxe Headline 'Dad's Lesbian Lover 4'

Two-time XMAs Female Performer of the Year Vanna Bardot and Chloe Foxxe topline the fourth volume of "Dad's Lesbian Lover," the latest release from Girlfriends Films.

Andylynn Payne, Sasha Tatcha Topline 'TS Girls Do It Best 3' From TransSensual

Andylynn Payne and Sasha Tatcha headline "TS Girls Do It Best 3," from Mile High Media studio imprint TransSensual.

Casey Calvert Wraps Production on Girlsway Feature 'Straight Girls'

Adult Time has announced that production has wrapped on the feature, "Straight Girls," directed by multi-XMAs winner Casey Calvert.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

On the Set: Seth Gamble, Wicked Serve Up 'Sweet Juggz of Justice'

It’s Easter Sunday, and there’s a rainbow shining at Tranquility Canyon Movie Ranch in Santa Clarita, California. Only this one isn’t in the sky. It’s on the ground and made up of four powerhouse performers, Angel Youngs, Octavia Red, Rissa May, and Vanna Bardot, dressed in vivid, artfully styled color on the set of Seth Gamble’s new Wicked Pictures feature, “Sweet Juggz of Justice.”

Violet Voss Makes Her Blacked Raw Debut

Violet Voss has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside multi-XMAs winner Isiah Maxwell.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Penny Barber, Nina Nova Star in Latest From Girlsway

2025 XMAs MILF Performer of the Year Penny Barber stars with Nina Nova in the latest release from Girlsway series "Mommy's Girl," titled "A Bit of a Stretch."

Show More