Are there legal repercussions for using another person’s likeness in advertising campaigns on social media?
Yes, there can be legal repercussions for using another person’s likeness in advertising campaigns on social media in South Carolina. In South Carolina, the Right of Publicity Act safeguards individuals from being exploited for commercial gain. Specifically, it protects the rights of individuals from the unauthorized use of their name, likeness, or other identifying characteristics as advertising for another individual or organization. Violation of the Right of Publicity Act can result in civil penalties and can include harsh legal repercussions for the violator. For example, violators can be ordered to pay damages to the victim, take down the unauthorized content, and even face prosecution in a criminal court. Furthermore, if a person’s likeness or image is used and they suffer emotional distress or economic harm, they may be able to pursue criminal or civil remedies. Overall, if an individual or organization is found to be violating someone’s Right of Publicity, they may be required to pay damages to the individual and may even face criminal or civil prosecution. It is important to remember that each state has different laws regarding the Right of Publicity, so it is important to research the laws in your state. Additionally, it is best to get permission before using someone’s likeness in an advertising campaign, as this can help protect against liability.
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