Entertainment Industry Law | Right of Publicity & Likeness Attorney | Asher Hoffman Law

Plaintiff-Side Counsel for Entertainment Industry Professionals

The entertainment industry runs on talent. Yet the careers, likenesses, and identities of the performers, artists, athletes, crew members, and producers who make that industry possible are frequently exploited without consent, credit, or compensation. When studios, technology companies, advertisers, or production entities cross that line, there are legal remedies — and the Law Offices of Asher Hoffman pursues them on the plaintiff’s side.

Our firm represents clients in entertainment industry matters involving the unauthorized commercial use of identity, likeness, image, voice, and biometric features. That includes actors and performers whose faces or voices have been replicated without permission, indigenous and cultural artists whose unique features have been appropriated for commercial gain, production crew members and stunt performers injured on set, and athletes whose personas have been used without authorization. We handle matters in state and federal court, including claims against major studios, technology companies, and corporate defendants with institutional resources and experienced defense teams.

These are not small-claims disputes. Entertainment industry litigation frequently involves well-funded defendants, aggressive intellectual property departments, and the kind of institutional inertia that discourages individual plaintiffs from coming forward. California law — both statutory and common law — has evolved to recognize and protect identity rights in ways that create real leverage for plaintiffs willing to assert them. But knowing the law exists and having a legal team that will actually pursue it against a major defendant are two different things.

We take these cases on contingency because we believe that access to experienced legal representation should not depend on a client’s ability to pay an hourly rate while a case progresses. If we take a case, we are invested in the outcome the same way the client is. We do not take cases we are not prepared to litigate. And we do not pressure clients into early settlements that do not reflect the value of their claims.

If you believe your likeness, identity, image, or voice has been used without your consent — or if you were injured on set or during a production — contact us for a free consultation. There are statutes of limitations that can cut off claims, and early evaluation matters.


Areas of Practice

Right of Publicity & Likeness Misappropriation

California Civil Code section 3344 provides a statutory right of action for any person whose name, voice, signature, photograph, or likeness is used for commercial purposes without written consent. Common law misappropriation claims run parallel and can reach uses that fall outside the statute’s strict language. These claims apply across film, television, advertising, merchandise, social media, gaming, and any other medium where a defendant profits from the association with a real person’s identity. Prevailing plaintiffs may recover actual damages, the defendant’s profits attributable to the unauthorized use, statutory minimum damages of $750 per violation, and attorney’s fees. The common law right survives death and can extend to the estates of deceased performers. For matters involving ongoing unauthorized use, injunctive relief is also available.

Digital Replica, AI Deepfakes & Synthetic Media

California has been among the most aggressive states in legislating against the unauthorized use of AI-generated identity. California Civil Code section 1708.86 addresses digitally altered depictions and provides a private right of action. AB 2655 (2024) requires large online platforms to label AI-generated content in election-related contexts. AB 1836 (2024) extends right of publicity protections to the digital replicas of deceased performers. AB 2602 (2024) governs digital replica clauses in entertainment contracts, prohibiting their enforcement unless the performer had independent legal counsel during negotiation and the contract contained specific written disclosures about the replica’s use. When performers’ facial features, voices, body movements, or other biometric data are captured and used to generate synthetic output deployed without consent, multiple statutes and common law theories frequently apply at once. This is a rapidly developing area of law, and early assertion of rights matters.

Lanham Act False Endorsement & Unfair Competition

Section 43(a) of the Lanham Act (15 U.S.C. section 1125(a)) provides a federal cause of action for false endorsement — where a defendant’s use of a person’s identity creates a false impression that the person sponsored, approved of, or is affiliated with the defendant’s goods or services. This claim does not require trademark registration. It requires that the defendant’s use of the plaintiff’s identity is likely to confuse consumers about the endorsement relationship. Lanham Act claims are heard in federal court, carry potential disgorgement and attorney’s fee remedies, and can run alongside state right of publicity and privacy claims. For entertainment industry clients, federal court in the Central District of California is often the appropriate venue — and one where we are comfortable litigating.

False Light, Intrusion, and Public Disclosure of Private Facts

California recognizes four distinct common law privacy torts alongside the statutory right of publicity: intrusion upon seclusion, false light invasion of privacy, public disclosure of private facts, and misappropriation of name and likeness. Entertainment-related litigation frequently implicates false light claims when a performer’s image is used in a context that portrays them in a misleading or damaging way, even without explicit defamatory content. Public disclosure claims apply when private details — including physical characteristics, health history, or behind-the-scenes information — are disclosed without consent and the disclosure would be highly offensive to a reasonable person. These torts can coexist with right of publicity and Lanham Act theories and support both injunctive relief and compensatory damages. They can also be relevant to plaintiffs who are not public figures in the traditional entertainment industry sense, including crew members, background performers, and minors.

On-Set & Industry Personal Injury

Film and television production involves equipment, pyrotechnics, chemicals, stunts, height work, and physical conditions that create real injury risk for crew members, stunt performers, background talent, and others present on set. Our firm’s plaintiff-side personal injury practice extends to production-related injury claims — including negligent supervision, defective equipment, inadequate safety protocols, and transportation accidents connected to productions. California workers’ compensation is often only part of the picture. Third-party liability claims against studios, production companies, equipment vendors, property owners, and other responsible parties can run alongside a workers’ compensation claim and frequently recover damages that compensation alone does not cover — including pain and suffering, future medical expenses, and loss of earning capacity. If you were hurt on a set or in a production-related context, we can evaluate both tracks.

Tortious Interference with Prospective Economic Advantage

When a defendant’s unauthorized use of a performer’s identity disrupts the plaintiff’s ability to secure legitimate endorsements, bookings, or contracts — because brands and studios now believe the association already exists or has been cheapened — the plaintiff may have a tortious interference claim. This cause of action requires proof of a specific prospective economic relationship, conduct by the defendant that was independently wrongful, and causation between that conduct and the loss. In entertainment industry cases, unauthorized use of a performer’s likeness in a commercial context can close off genuine opportunities in ways that are both concrete and significant. We assess whether these claims add value on a case-by-case basis.


Representative Matters

Kilcher v. Cameron, et al.

No. 2:26-cv-04832 (C.D. Cal., filed May 5, 2026)

The Law Offices of Asher Hoffman is plaintiff-side co-counsel representing actress Q’orianka Kilcher in a federal complaint filed in the Central District of California. Defendants include James Cameron, The Walt Disney Company, Lightstorm Entertainment, Twentieth Century Fox Film Corporation, Stan Winston Studios, Gentle Giant Studios, Weta Digital, and Industrial Light & Magic.

The complaint alleges that Cameron and the other defendants extracted Plaintiff’s facial features when she was 14 years old and used them — without her consent, credit, or compensation — as the structural basis for the character Neytiri across the Avatar film franchise, which has grossed more than $5 billion at the global box office. Causes of action include violation of California Civil Code section 3344 (right of publicity), common law misappropriation of likeness, Lanham Act false endorsement under 15 U.S.C. section 1125(a), false light invasion of privacy, intrusion upon seclusion, public disclosure of private facts, unauthorized digital replica under California Civil Code section 1708.86, and tortious interference with prospective economic advantage.

The matter is pending in federal court. No outcome is represented or implied.


Cases in the News

Our firm’s work has been covered by:

BBC News
New York Times
Los Angeles Times
The Times
The Independent
Variety
Rolling Stone
People
NBC News
Yahoo
MSN
IMDb

Why Asher Hoffman Law

Plaintiff-Side. Always.

This firm does not represent studios, technology companies, production entities, or their insurers. Every matter we take is on behalf of the individual whose rights were violated or whose body was harmed. That alignment shapes how we evaluate cases, which defendants we are willing to face, and how we counsel clients through the process. There is no conflict of interest between the client’s goals and ours.

Contingency Fee Representation

We take entertainment industry cases on a contingency fee basis. That means no hourly bills, no retainers, and no fee unless we recover for you. The practical consequence is that clients with legitimate claims are not priced out by the cost of litigating against a major studio or technology company. The financial structure of representation signals something important: if the case is worth taking, we take it, and we share the risk with the client from the first filing to the last day of trial if that is where the case goes.

Federal Court Litigation Experience

Right of publicity, Lanham Act, and related entertainment industry claims are frequently litigated in federal court. The Central District of California, which encompasses Los Angeles and most of the industry’s institutional infrastructure, is one of the most active entertainment law venues in the country. We have filed in federal court, litigated in that forum, and are comfortable with the procedural demands, discovery rules, and motion practice that federal litigation requires. Clients in entertainment matters do not need to worry about whether their counsel is comfortable in the venue.

Willingness to Litigate Against Major Defendants

Some cases settle quickly. Others do not. Major entertainment studios and technology companies retain experienced defense firms and carry substantial litigation resources. We factor that in during case evaluation, and we do not take matters we are not prepared to pursue through trial. Clients deserve honest assessment — not assurances that cannot be kept and not passive case management designed to harvest a quick settlement at the expense of full recovery.

Direct Attorney Access

Clients in entertainment matters work directly with Asher Hoffman. There is no handoff to associates or paralegals for substantive legal work. These cases involve unique facts, evolving statutory frameworks, and strategic decisions that benefit from consistent, senior-level attorney involvement from intake through resolution.

California Law Is Favorable Territory

California has some of the strongest right of publicity protections in the country, both statutory and under the common law. The legislature has responded affirmatively to AI and digital replica concerns with AB 2602, AB 1836, and AB 2655. Federal courts in this district have handled identity rights claims against major entertainment defendants. Pursuing these claims here, with California plaintiffs and California defendants, is not a disadvantage — it is a structural feature of the legal landscape that works in favor of the clients we represent.


Schedule a Free Consultation

If you believe your identity, likeness, voice, or image has been used without your authorization — or if you were injured in connection with a production or entertainment-related activity — we want to hear from you. Initial consultations are free and confidential. We will give you an honest assessment of the legal theories available, the strength of the evidence, and what pursuing a claim would actually involve.

The Law Offices of Asher Hoffman handles entertainment industry matters from our office at 4929 Wilshire Blvd, Suite 410, Los Angeles, CA 90010. Phone: (877) 792-4529. You can also reach us through the online contact form or by submitting a free consultation request.

The Law Offices of Asher Hoffman handles plaintiff-side personal injury and entertainment industry claims throughout Southern California and in federal court. We serve clients across Los Angeles and the broader region, including matters requiring federal litigation in the Central District of California. View all practice areas.

×