Florida is a global hub for entertainment, professional sports and digital media. From the music studios in Miami to the film sets in Orlando, the state is a magnet for high-profile talent. However, when a business uses a celebrity’s image without permission, whose side does Florida law take?
Understanding Florida’s right of publicity
Florida law protects an individual’s “right of publicity.” This rule is simple. Companies cannot use a person’s name, face or voice for profit without written consent. If a business breaks this rule, the individual can sue them. Courts can award damages for illegal use of a celebrity’s likeness.
One notable feature of Florida law is that these protections continue even after a person passes away. Under Florida Statutes Section 540.08, the right of publicity lasts for 40 years after a person’s death. While this is shorter than in states like California or Indiana, it still lets the estate or family control who uses their image and how.
Modern challenges with contracts and AI
Even with these laws, many celebrities find their rights limited by complex contracts. Athletes playing for teams like the Miami Heat often sign away certain image rights in exchange for major endorsement deals. In the music industry, artists may discover that their record labels or management agencies hold the power to license their faces for ads or social media content.
The rise of AI has added a new layer of risk. Deepfakes can now recreate a celebrity’s voice or appearance with startling accuracy. Florida lawmakers have been quick to react. In 2024, the state passed HB 757, which makes it a third-degree felony to create or share non-consensual deepfake intimate imagery. Additionally, HB 919 now requires clear disclaimers on AI-generated political content.
As AI technology evolves, so does the risk to a person’s likeness. Additionally, Florida’s legal landscape now blends traditional statutes with new digital protections. For anyone whose face is their brand, a skilled lawyer is no longer a luxury — it’s a necessity.