Using a Person’s Name or Image in North Carolina: 2026 Legal Guide
Adkins Law · Publicity, Privacy, and Advertising
Owning a photo, appearing in a photo, and approving commercial use are three different questions.
Review consent, privacy and misappropriation claims, false endorsement, copyright ownership, advertising disclosures, and practical release terms.
Accuracy note: Originally published February 18, 2015. Substantially reviewed and updated September 6, 2026. The outcome depends on the facts and current law.
Separate identity rights from copyright
The person depicted may have privacy, misappropriation, publicity, contract, or endorsement-related rights, while the photographer or employer may own copyright in the image. A license from one rights holder may not clear the other rights.
Trademarks, trade dress, artwork, music, locations, confidential information, and platform terms may add more permissions. Build a rights list for the actual campaign and media.
North Carolina claims are fact-specific
North Carolina decisions have addressed privacy claims involving appropriation of a person’s name or likeness, but labels and elements should be evaluated under current case law and the exact use. News, commentary, parody, expressive works, and commercial advertising can raise different interests.
Do not assume that public availability equals consent or that every unwanted use creates a claim. Purpose, context, identifiability, consent, falsity, commercial benefit, audience understanding, and harm matter.
Advertising can imply an endorsement
Using a person’s identity in marketing may communicate that the person endorses the product, service, candidate, or organization. Federal advertising and trademark principles can apply in addition to state law.
Disclose material connections when required, avoid fabricated or misleading testimonials, and confirm that edited, synthetic, or AI-generated content does not falsely portray a person’s experience or approval.
Use a written release tailored to the project
Define the person, content, media, territory, duration, editing, context, compensation, approvals, sublicensing, exclusivity, credit, revocation, archival use, and treatment of minors. Match the release to the actual campaign instead of relying on a vague blanket form.
Keep source files, licenses, releases, payment records, versions, publication dates, and takedown decisions. Obtain specialized advice for minors, sensitive subjects, political advertising, health claims, deepfakes, or nationwide campaigns.
Official sources and related guidance
- Federal Trade Commission: Endorsements, Influencers, and Reviews
- U.S. Copyright Office: Photographs
- USPTO: Trademark Basics
Explore the related practice area, the Adkins Law Legal Guides, and LKN-Law.com. Learn about Attorney Christopher Adkins.
Discuss the next step with Adkins Law
For advice tailored to your circumstances, contact the Huntersville office.
General North Carolina legal information only; not legal advice or an attorney-client relationship. Laws and procedures can change.
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Disclaimer: This website provides general information and discussion about legal topics. The content is not legal advice and should not be relied upon as such. Always seek the advice of a licensed attorney for legal matters.