Advertising has always thrived on the power of influence. In the traditional era, print advertisements in newspapers, magazines, posters, and billboards were the most trusted channels to capture consumer attention. They often featured well-known personalities—actors, athletes, or cultural icons—to lend credibility and aspirational value to the product being marketed. Even today, despite the shift to digital-first campaigns, print ads continue to play a significant role in shaping consumer perceptions, especially in industries like fashion, luxury goods, and lifestyle products.
With the rise of the internet and social media, digital endorsements have become equally—if not more—impactful. Here, digital creators, influencers, and movie actors collaborate with brands to promote products across platforms like Instagram, YouTube, or streaming services. Unlike traditional print ads that have limited circulation, digital endorsements have global reach, real-time engagement, and measurable impact. For many celebrities, endorsements now rival or even surpass their core professional earnings.
At the heart of both print and digital promotions lies a critical element: celebrity image rights (also known as publicity rights or ad rights). These rights allow individuals to control the commercial use of their name, image, voice, and persona. In today’s competitive marketplace, where consumer trust is strongly tied to celebrity influence, protecting these rights has become more important than ever. Unauthorized use of a celebrity’s image not only undermines their brand value but also risks misleading consumers. Conversely, well-structured endorsement agreements ensure fair compensation, maintain reputation, and open new revenue streams for actors, athletes, and digital creators alike.
In essence, the intersection of print ads, digital endorsements, and personality rights defines the modern advertising ecosystem—where creativity, commerce, and legal protection come together to sustain both brand credibility and celebrity influence.
2. Understanding Ad Rights / Publicity Rights
Definition of Publicity Rights
Publicity rights—also referred to as personality rights or image rights—are the legal rights of an individual to control the commercial use of their identity. This identity may include their name, photograph, likeness, signature, voice, gestures, or even distinct personal attributes that make them recognizable. For celebrities, actors, athletes, and digital creators, these rights are valuable assets, as their persona holds significant market influence.
In simple terms, publicity rights allow a celebrity to say: “You cannot use my face, my voice, or my name to sell your product unless I permit it.”
Difference Between Copyright and Publicity Rights
Although often confused, copyright and publicity rights serve different purposes:
- Copyright: Protects creative works such as films, photographs, songs, or writings. For example, a photographer owns the copyright in a celebrity’s picture.
- Publicity Rights: Protect the individual’s persona. Even if a photographer clicks a celebrity’s picture, they cannot use it for commercial advertising without the celebrity’s consent.
Thus, copyright safeguards the creator, while publicity rights safeguard the personality being represented. Both often overlap in advertising because ads use creative works (copyrighted) featuring a celebrity’s identity (publicity right).
Legal Recognition Across Jurisdictions
- India: Publicity rights are recognized as part of the right to privacy under Article 21 of the Constitution. Courts have upheld that a celebrity’s name, likeness, or persona cannot be commercially exploited without authorization. For example, the Delhi High Court has ruled in favor of actors like Amitabh Bachchan against unauthorized use of his likeness.
- United States: Publicity rights are well established, often treated as a property right that can be licensed, inherited, or transferred. The extent varies by state; for instance, California has strong protections, allowing heirs of celebrities to control image rights even after death (e.g., Marilyn Monroe’s estate).
- European Union: The EU protects image rights under the broader framework of privacy and data protection laws. Countries like Germany and France recognize personality rights explicitly, providing robust protections for individuals against unauthorized commercial use.
Overall, while terminology and enforcement differ, most jurisdictions acknowledge that individuals—especially public figures—have enforceable rights over their persona.
Print Ads vs. Digital Ads – Scope of Rights in Both Mediums
- Print Ads: Traditionally, publicity rights applied to static mediums like newspapers, magazines, posters, and billboards. Unauthorized use of a celebrity’s image in print can still cause reputational and financial harm, particularly in luxury and lifestyle industries where print retains prestige.
- Digital Ads: With the explosion of online platforms, the scope of publicity rights has expanded significantly. Digital ads include social media promotions, influencer collaborations, video campaigns, and even AI-generated likenesses (deepfakes). Unlike print, digital misuse spreads instantly and globally, making enforcement more urgent and complex.
In practice, whether a brand uses a celebrity’s face on a billboard in Times Square or in an Instagram campaign, the underlying principle is the same: they must obtain proper consent through an agreement.
3. Scope of These Rights
Publicity rights are not limited to a single dimension of a celebrity’s persona. Their scope extends widely, covering various commercial, territorial, temporal, and protective aspects. For actors, athletes, and digital creators, understanding this scope is crucial because it determines how their identity can be used, monetized, and safeguarded.
1. Commercial Scope
Publicity rights cover any use of an individual’s identity for commercial gain. This includes:
- Advertisements: Print ads, television commercials, and digital campaigns.
- Merchandise: Clothing, toys, posters, or branded goods featuring their image.
- Endorsements & Collaborations: Partnerships with companies for product promotion.
- Licensing & Royalties: Allowing third parties to use their name/likeness in exchange for payment.
For example, sports stars like Cristiano Ronaldo and Virat Kohli license their persona to brands across multiple industries—from sportswear to fintech—creating multi-million-dollar revenue streams.
2. Territorial Scope
Publicity rights often include geographic restrictions. An endorsement agreement must clarify whether the celebrity’s image can be used:
- Locally (within a specific city or region).
- Nationally (within one country).
- Internationally/Globally (across multiple markets).
This distinction is vital because a campaign in one country may not align with the celebrity’s branding strategy in another. For instance, a Bollywood actor might endorse a soft drink in India but not in markets like the US or Europe, where a different positioning strategy applies.
3. Duration (Temporal Scope)
The rights granted are typically time-bound:
- Short-term campaigns (e.g., 6 months for a festival season ad).
- Long-term endorsements (e.g., 3–5 years for brand ambassador roles).
- Perpetual rights (rare and highly restrictive, usually avoided by celebrities as they limit future opportunities).
Clear definition of duration prevents misuse of old campaigns long after the contract has expired.
4. Exclusive vs. Non-Exclusive Rights
- Exclusive Rights: The celebrity cannot endorse competitors in the same product category during the contract period. Example: If an actor endorses one airline, they cannot simultaneously appear in ads for another airline.
- Non-Exclusive Rights: The celebrity may work with multiple brands, provided there is no direct conflict of interest.
Exclusivity often demands higher compensation, reflecting the celebrity’s restricted market opportunities.
5. Protection Against Unauthorized Exploitation
Publicity rights also serve as a shield against:
- Fake endorsements: Brands using a celebrity’s photo or voice without consent.
- Misleading campaigns: Ads implying endorsement when none exists.
- Digital manipulation: Use of AI or deepfakes to mimic celebrity likeness.
Example: In 2022, Amitabh Bachchan approached the Delhi High Court to stop unauthorized use of his voice and likeness in online promotions. The court recognized his publicity rights and granted protection.
Print vs. Digital Application of Scope
- In print ads, the scope is generally limited to circulation within the publication or physical reach of posters/billboards.
- In digital ads, the scope is borderless—once an ad is online, it can be shared, reshared, or altered across the globe. This makes it crucial to define digital rights separately and clearly in agreements.
🔑 In short, the scope of publicity rights is broad and dynamic, encompassing the “what, where, how long, and how exclusively” a celebrity’s identity can be used. Each of these aspects must be negotiated carefully in endorsement agreements to maximize revenue and protect reputation.
4. Importance of Endorsement Agreements
Celebrity endorsements are among the most powerful tools in modern marketing. A single appearance of a movie star, athlete, or digital creator in a campaign can dramatically increase consumer trust and drive sales. But behind every successful collaboration lies a legally binding endorsement agreement, which ensures that both the brand and the celebrity are protected.
Without such agreements, celebrities risk losing control over their identity, while brands risk reputational and financial losses. Endorsement agreements therefore act as the backbone of the celebrity–brand relationship.
1. Protecting the Celebrity’s Reputation
For actors and creators, their image is their brand. An endorsement agreement ensures that:
- Their name or likeness is not used in ways that damage their reputation.
- They retain approval rights over ad campaigns, ensuring alignment with their personal values and public image.
- Their persona is not linked to misleading or inappropriate content.
For example, when a global star like Beyoncé partners with a brand, she exercises strong creative control to ensure the campaign reflects her values and aligns with her personal brand identity.
2. Ensuring Fair Compensation
Endorsements are a major source of income for celebrities. Agreements guarantee:
- Upfront payment or royalties for the use of their identity.
- Additional fees for extended campaigns, wider territories, or exclusivity.
- Protection against brands reusing old content without paying renewal charges.
This transforms a celebrity’s name and likeness into a structured revenue stream—sometimes more lucrative than their primary profession. For instance, Virat Kohli’s endorsement deals contribute significantly to his overall earnings, often outpacing his cricket salary.
3. Clarity for Brands
From a brand’s perspective, endorsement agreements bring legal clarity by:
- Defining the exact rights granted (name, photo, likeness, voice).
- Specifying where and how long they can use the celebrity’s persona.
- Ensuring exclusivity, which prevents competitors from using the same face during the contract period.
This reduces legal risks, prevents disputes, and allows brands to confidently invest in large-scale campaigns.
4. Mitigating Legal and Financial Risks
Endorsement agreements contain morality clauses and termination provisions to safeguard against unexpected situations. For example:
- If a celebrity is involved in a scandal, the brand may terminate the contract to avoid reputational harm.
- If a brand misuses the celebrity’s image, the celebrity can withdraw consent and seek damages.
Such clauses ensure neither party is unfairly exposed to reputational or financial loss.
5. Building Long-Term Partnerships
When carefully drafted, endorsement agreements go beyond one-off campaigns. They help build:
- Enduring partnerships between celebrities and brands.
- Brand ambassadorships, where celebrities become synonymous with the product (e.g., Shah Rukh Khan with Hyundai, Roger Federer with Rolex).
- Opportunities for co-branded ventures or product lines (e.g., Kylie Jenner with beauty brands).
These long-term associations strengthen the celebrity’s personal brand while giving the company a consistent and credible face for marketing.
🔑 In essence, endorsement agreements are not just contracts—they are strategic instruments that balance commercial opportunity with legal protection. For celebrities, they safeguard image rights and maximize earnings; for brands, they provide clarity, exclusivity, and credibility.
5. Key Clauses in Endorsement Agreements
Endorsement agreements are legally binding contracts that define the relationship between a celebrity (or digital creator) and a brand. A well-drafted agreement ensures clarity, prevents disputes, and protects both parties’ interests. Below are the most important clauses that typically feature in such contracts, along with their purpose:
1. Grant of Rights Clause
Specifies exactly what rights the celebrity is giving to the brand.
- Example: Use of name, image, voice, likeness, and signature in advertisements.
- Must be narrowly defined to prevent overreach.
2. Usage & Territory
Clarifies where and how the brand can use the celebrity’s persona.
- Mediums: Print, digital, TV, billboards, packaging, social media.
- Territory: Local, national, or international markets.
- Prevents brands from using a limited license globally without paying extra.
3. Duration / Term Clause
Defines how long the endorsement runs.
- Could be 6 months, 1 year, or 3 years depending on the campaign.
- Must include clear start and end dates.
- Renewal requires fresh consent and additional fees.
4. Exclusivity Clause
Prevents the celebrity from endorsing competing products in the same category.
- Example: If a cricketer endorses a soft drink brand, they cannot simultaneously endorse a rival soft drink.
- Can be category-specific (e.g., “sportswear” or “cosmetics”) to balance restrictions with opportunities.
5. Approval Rights
Ensures the celebrity retains creative control over the way their persona is used.
- They must approve scripts, photographs, videos, or campaign materials before release.
- Protects against being associated with misleading or offensive content.
6. Renewal Clause
Outlines the conditions under which a brand may continue using the celebrity’s image after the contract ends.
- Typically requires fresh payment or renegotiation.
- Prevents misuse of old content in new campaigns without consent.
7. Morality / Reputation Clause
Protects both parties from reputational harm.
- From the brand’s side: Allows termination if the celebrity is involved in a scandal, crime, or behavior that damages brand image.
- From the celebrity’s side: Prevents their image from being used in ways that harm their reputation (e.g., misleading claims).
8. Termination Clause
Specifies conditions under which either party may end the contract early.
- Common grounds: Breach of contract, reputational harm, non-payment.
- Ensures both parties have an exit route if things go wrong.
9. Compensation Clause
Details how the celebrity will be paid.
- Lump sum fees, installments, or royalty-based payments.
- May include performance incentives (e.g., bonus if sales targets are achieved).
- Should also cover additional charges for extended or expanded usage.
10. Indemnity Clause
Allocates responsibility if something goes wrong.
- Example: If a brand falsely claims medical benefits in an ad, the brand indemnifies the celebrity from legal liability.
- Conversely, if the celebrity breaches exclusivity by endorsing a competitor, they may indemnify the brand.
Why These Clauses Matter
Each clause is designed to protect the celebrity’s image rights and ensure fair value for their contribution, while also giving brands confidence that their investment is secure. Weak or vague clauses often lead to disputes, misuse of likeness, or financial losses.
🔑 Endorsement agreements are not one-size-fits-all. Their strength lies in carefully negotiating these clauses to reflect the specific needs of the celebrity and the brand.
6. How Celebrities Use Endorsements to Generate Revenue
For many celebrities, athletes, and digital creators, endorsements have become more than a side activity—they are often the primary source of income. Unlike their core profession (acting, sports, or music), which may depend on project cycles, endorsements provide consistent, high-value revenue streams. By monetizing their image rights through structured deals, celebrities turn their popularity into a long-term commercial asset.
1. Endorsements as a Revenue Stream
- Celebrities license their name, face, or persona to brands in exchange for money.
- These deals are often worth millions, especially when they include exclusivity or global usage rights.
- In many cases, endorsements outpace their professional earnings.
For example:
- George Clooney earned far more from his long-term association with Nespresso than from several film roles.
- Michael Jordan’s “Air Jordan” deal with Nike continues to generate hundreds of millions annually, decades after his retirement.
2. Types of Revenue Models in Endorsements
- Flat Fee / Lump Sum – A one-time payment for a defined campaign.
- Royalty-Based – Ongoing percentage of sales linked to the endorsement (common in fashion, beauty, and sportswear).
- Equity-Based Endorsements – Instead of upfront fees, celebrities receive ownership stakes in companies they promote.
👉 Example: Ashton Kutcher and Beyoncé have taken equity in startups and brands they endorse, turning short-term deals into long-term wealth.
3. Global Celebrity Examples
- Shah Rukh Khan (India) – Often called the “King of Endorsements,” he has endorsed Hyundai, Tag Heuer, and luxury real estate projects. His ad portfolio reportedly rivals his film earnings.
- Virat Kohli (India) – Endorses sportswear, fintech, and lifestyle brands, contributing significantly to his $100M+ net worth.
- Cristiano Ronaldo (Portugal) – Earns more from endorsements (Nike, Clear Shampoo, CR7 fashion line) than from football contracts.
- Beyoncé (USA) – Famous for her multi-million-dollar Pepsi and Adidas deals, as well as co-branded ventures like Ivy Park.
- Roger Federer (Switzerland) – Earns more from long-term brand deals with Rolex and Uniqlo than from his tennis career.
- Kylie Jenner (USA) – Built a cosmetics empire combining her personal brand with strategic collaborations, making her one of the youngest billionaires.
4. Importance of Exclusivity in Revenue Generation
Exclusivity increases a celebrity’s market value.
- Example: When a cricketer endorses one sports drink exclusively, the brand pays a premium for being the only one associated with that celebrity.
- This exclusivity prevents competitor confusion and gives brands a competitive edge.
5. Co-Branded Ventures
Some celebrities go beyond endorsements by launching joint ventures with brands.
- Rihanna’s Fenty Beauty (with LVMH) transformed her from an artist into a global business mogul.
- David Beckham co-created fragrance and fashion lines that leveraged his global appeal.
- Kylie Jenner’s partnerships with major retailers allowed her to retain control while expanding globally.
6. Digital Creators and Influencers
Even beyond traditional celebrities, digital influencers leverage endorsement agreements to monetize their personal brand.
- Instagram stars earn per post based on reach and engagement.
- YouTubers often integrate brand collaborations directly into content.
- TikTok creators strike short-term but high-value deals for viral campaigns.
For creators, endorsements can turn social media influence into sustainable, diversified income.
🔑 In short, endorsements are no longer just about lending a face to a brand—they are strategic revenue engines that can surpass a celebrity’s professional earnings and even form the foundation of entrepreneurial ventures.
7. Case Studies of Unauthorized Use
Publicity rights are not just theoretical protections—they are actively enforced by celebrities worldwide to safeguard their reputation and revenue. Unauthorized use of a celebrity’s identity in ads, products, or promotions can lead to serious legal battles. These case studies highlight how courts have recognized and protected image rights across different jurisdictions.
1. Amitabh Bachchan vs. Unauthorized Use of Likeness (India)
In 2022, legendary Bollywood actor Amitabh Bachchan approached the Delhi High Court after his name, voice, and image were being misused in online promotions and lottery scams. The court recognized his publicity rights, issuing an injunction against unauthorized parties.
- Key takeaway: Indian courts uphold celebrity personality rights as part of the right to privacy and dignity, preventing unauthorized exploitation.
2. Michael Jordan vs. Supermarket Chain (USA)
Basketball icon Michael Jordan filed a lawsuit against a supermarket chain that used his name and jersey number in a promotional magazine without permission. Jordan was awarded $8.9 million in damages.
- Key takeaway: In the U.S., publicity rights are treated as property rights, and unauthorized use can result in heavy financial penalties.
3. Rajinikanth vs. Film Producer (India)
Superstar Rajinikanth filed a case in 2015 to stop the release of a film titled Main Hoon Rajinikanth, which allegedly used his name and persona without authorization. The court sided with Rajinikanth, recognizing that his name and personality had commercial value that could not be misappropriated.
- Key takeaway: Courts protect not just images but also the celebrity’s name, voice, and identity.
4. Tom Cruise vs. Cyber Promotions (USA)
Hollywood actor Tom Cruise has actively pursued legal action against websites and products falsely using his image. In multiple instances, courts reinforced that celebrities must have control over the commercial use of their persona.
- Key takeaway: Unauthorized digital exploitation is treated as seriously as traditional print misuse.
5. Rihanna vs. Topshop (UK)
Singer Rihanna sued the fashion retailer Topshop for selling T-shirts featuring her photograph without her consent. The UK High Court ruled in Rihanna’s favor, holding that the merchandise implied false endorsement, which misled consumers.
- Key takeaway: Even merchandise that appears “artistic” may violate publicity rights if it creates the impression of endorsement.
6. Kim Kardashian vs. Old Navy (USA)
Reality star Kim Kardashian sued Old Navy in 2011 for using a look-alike model in their commercials, alleging it misled consumers into believing she endorsed the brand. The case was later settled, but it emphasized how even imitations can fall under misuse of celebrity rights.
- Key takeaway: Publicity rights extend to preventing misleading “celebrity lookalike” endorsements.
Lessons from These Cases
- Global Recognition: Whether in India, the U.S., or the U.K., courts consistently protect celebrity identity from unauthorized commercial exploitation.
- Broad Coverage: Publicity rights apply not only to photographs but also to names, voices, signatures, and even look-alikes.
- Financial & Reputational Stakes: Celebrities win significant damages, proving that misuse of image rights carries heavy costs for brands.
- Digital Age Challenge: With AI, deepfakes, and viral content, enforcing publicity rights is more complex but equally essential.
🔑 Unauthorized use cases highlight why celebrities and creators must vigilantly protect their publicity rights and why brands should always secure proper agreements before using a famous face or persona.
8. Protecting Rights as a Digital Creator or Actor
For movie actors, athletes, and now digital creators, publicity rights are valuable assets. But unlike traditional properties (like land or business), these rights are intangible and can be easily misused in today’s fast-paced, global, and digital advertising ecosystem. Protecting them requires a proactive combination of legal tools, contracts, and monitoring mechanisms.
1. Register Trademarks and Copyrights
- Trademarking: Celebrities can trademark their names, stage names, logos, or catchphrases to prevent unauthorized commercial use.
- Example: Usain Bolt trademarked his iconic “lightning bolt” pose.
- Copyrighting: Creators should register copyrights for original photos, videos, logos, and designs.
- This makes it easier to issue legal notices when content is copied or misused.
2. Always Use Written Contracts for Endorsements
Contracts formalize the scope, duration, and conditions of image use. A good endorsement agreement should include:
- Clear grant of rights (what exactly is being licensed).
- Territorial and medium restrictions (print, digital, TV, etc.).
- Exclusivity and renewal terms.
- Compensation structure (fees, royalties, or equity).
For digital creators, even seemingly small collaborations (like sponsored posts) should be covered by influencer agreements.
3. Monitor Unauthorized Usage
Celebrities and creators should actively monitor their image online and offline.
- Print: Keep an eye on magazines, newspapers, or outdoor billboards that might misuse images.
- Digital: Track unauthorized use on e-commerce sites, social media, or YouTube ads.
- Technology Tools: Use reverse image searches or third-party monitoring services to detect misuse.
4. Use Legal Remedies When Needed
When a misuse is detected, there are quick remedies available:
- Cease-and-desist notices: First step to demand takedown.
- DMCA takedown requests: Useful for removing unauthorized content online.
- Court injunctions: To immediately stop circulation of offending ads.
- Damages claims: For financial compensation against unauthorized commercial use.
Example: Amitabh Bachchan’s 2022 case shows how quickly courts can act to stop unauthorized digital exploitation.
5. Work with Talent Managers and Agencies
Professional managers or agencies can:
- Negotiate better endorsement terms.
- Ensure consistent brand alignment.
- Track unauthorized use and initiate legal action.
For influencers, many agencies now provide rights management services, handling contracts and brand deals professionally.
6. Protect Against Digital Manipulation (AI & Deepfakes)
The rise of AI-generated content makes protection more complex.
- Creators and celebrities must include specific clauses in agreements prohibiting deepfake or AI-based misuse of their image.
- Lobbying for stronger AI-related publicity rights is becoming a global trend.
7. Building a Personal Brand Identity
Strong branding acts as a natural shield:
- A celebrity with a registered brand identity (like Shah Rukh Khan’s association with Hyundai, or Kylie Jenner’s Kylie Cosmetics) can more easily spot and challenge unauthorized or misleading endorsements.
🔑 For digital creators and movie actors alike, securing ad rights is not optional—it is the foundation of their commercial and personal brand. By combining trademarks, contracts, monitoring, and legal enforcement, they can turn their persona into a protected and profitable asset.
The Future of Celebrity Endorsements in Print & Digital Age
The advertising industry is in the midst of a dramatic transformation. While print ads continue to hold relevance in sectors like luxury, lifestyle, and regional markets, the digital medium has become the dominant space for endorsements. Social media platforms such as Instagram, YouTube, and TikTok have created a new wave of digital influencers, some of whom rival movie stars and athletes in brand value.
At the same time, technology has introduced new challenges. The rise of AI and deepfakes poses risks of unauthorized image exploitation on a scale never seen before. Celebrities may find their likeness replicated in fake endorsements without ever giving consent. This trend is pushing for stronger global recognition of personality rights and stricter contract clauses addressing AI-based misuse.
The future will likely see more:
- Equity-based collaborations where celebrities become part-owners of brands.
- Co-branded ventures (like Rihanna’s Fenty Beauty) that blur the line between endorsements and entrepreneurship.
- Cross-border endorsements as campaigns go viral globally.
- Stronger legal frameworks to keep pace with digital exploitation and technological manipulation.
Conclusion
Celebrity endorsements are no longer limited to a photograph in a magazine or a billboard on a highway. They now encompass a vast ecosystem—from traditional print to global digital platforms, from sponsored posts to AI-driven campaigns. At the center of this ecosystem lies the concept of publicity rights: the power of a celebrity or creator to control, protect, and monetize their persona.
For celebrities, endorsement agreements provide a structured way to convert fame into long-term financial security while safeguarding reputation. For brands, these agreements offer credibility, consumer trust, and exclusivity. And for digital creators, they transform influence into a sustainable career path.
As seen from case studies involving Amitabh Bachchan, Michael Jordan, Rihanna, and others, protecting image rights is not just a legal formality—it is a strategic necessity. Looking ahead, as advertising evolves and new technologies emerge, the balance between opportunity and protection will define how endorsements continue to shape the business of fame.
In short, publicity rights and well-structured endorsement agreements are the currency of modern celebrity influence—a currency that, when managed wisely, turns personal identity into a global business.
