RIGHT OF PUBLICITY EXPERT WITNESS TESTIMONY CONSULTANT: TESTIFYING & CONSULTING SERVICES

A right of publicity expert witness testimony consultant is a testifying consulting advisor who provides analysis, opinions, and testimony in legal disputes involving the commercial use of a person’s name, image, likeness, voice, signature, or other identifiable aspects of their persona. Like top right of publicity expert witness authorities note, it is designed to protect individuals—especially public figures and celebrities—from unauthorized exploitation of their identity for commercial gain. It is frequently litigated in cases involving advertising, merchandising, endorsements, entertainment, and digital media.

The job of a right of publicity expert witness is to help the court understand the nature and scope of the alleged infringement, as well as the economic and reputational impact on the individual. Reviewers may evaluate whether a use is commercial in nature, whether it creates consumer confusion or false endorsement, and whether it violates applicable state laws—since right of publicity laws vary significantly across jurisdictions.

Among the main jobs for a top right of publicity expert witness is valuation. In many cases, the central question is: What is the fair market value of using this person’s identity? KOLS tend to conduct economic analyses to estimate damages, considering factors such as the individual’s marketability, the reach and scope of the unauthorized use, industry rates for similar endorsements, and the impact on future earnings.

Also you’d see that a right of publicity expert witness reviews marketing materials, advertisements, product packaging, and social media content to determine whether the use was likely to mislead the public into thinking the person endorsed or approved the product. In doing so, SMEs may draw on industry norms in advertising, entertainment, or sports marketing.

Right of publicity expert witnesses typically come from backgrounds in intellectual property law, marketing, brand licensing, talent management, or economics. Their expertise allows them to explain both the legal and commercial implications of using someone’s likeness without consent.

On top of preparing right of publicity expert witness reports and offering trial testimony, pros may assist attorneys with case strategy, helping to assess the strength of claims, rebut opposing expert opinions, and present complex valuation or branding concepts in a way that is accessible to a judge or jury.

A right of publicity expert witness ties the loop between identity rights and the commercial realities of branding, ensuring that the court can make an informed decision grounded in industry standards and economic realities.