I made a video about “The Rock’s Workout.” I Photoshopped his face onto a cartoon body for the thumbnail. It got 2 million views. Then I got a lawsuit from Dwayne Johnson’s legal team for “Misappropriation of Right of Publicity” and “False Endorsement” under the Lanham Act. They want all the profits from the video plus damages.
Key Takeaways
- Right of Publicity: You cannot use a celebrity’s likeness to sell your product (or video) without permission. This is separate from copyright.
- Commercial Use: Monetizing the video makes it “Commercial Speech.” The First Amendment protections are weaker here than for news reporting.
- Media Liability: This is the only policy that covers “Misappropriation of Name or Likeness.”
- Disgorgement: Insurance covers damages, but it typically does not cover “Disgorgement of Profits” (paying back the money you made illegally).
The “Why” (The Trap): The “Fair Use” Confusion
Creators think: “I’m commenting on him, so it’s Fair Use.”
Lawyers say: “You put his face on the thumbnail to get clicks (money). That’s a commercial endorsement.”
The Exclusion: General Liability excludes “Personal and Advertising Injury” related to IP.
You need Media Liability with “Merchandising” or “Content” coverage.
[IMAGE: Example of a blurred thumbnail with a “Cease and Desist” stamp overlay]
The Investigation: I Called Them
I asked, “I’m being sued by a celebrity.”
1. Hiscox (Media)
- The Policy: Explicitly covers “Misappropriation of name, voice, or likeness.”
- The Defense: They will hire a lawyer to argue that the video was “Transformative” or “Newsworthy,” which are valid defenses.
2. Chubb
- The Policy: Very robust. They cover claims for “False Light” and “Right of Publicity.”
3. General Liability
- The Policy: Denied. “Advertising Injury” coverage usually excludes IP-related claims.
Comparison Table
| Claim | Media Liability | General Liability |
| Copyright Infringement | Yes | No |
| Right of Publicity | Yes | No |
| Disgorgement of Profits | No | No |
| Legal Defense Fees | Yes | No |
Step-by-Step Action Plan
- Change the Thumbnail: Immediately. Stop the bleeding.
- Don’t admit fault: Don’t tweet “Sorry Rock!”
- Call Insurance: Report the claim to your Media Liability carrier.
- Demonetize: Turning off ads might help the “non-commercial” argument in settlement talks.
FAQ
What if I used an AI generated face that looks like him?
That is still a violation! “Likeness” includes lookalikes and AI deepfakes. See the “Tom Waits” or “Bette Midler” legal precedents.
Is it okay if I’m a news channel?
News has stronger protections. But if the thumbnail is clickbait and misleading, you lose those protections.
Can I settle for $0?
Unlikely with a big star. But your insurance lawyer might settle for $5k instead of $500k.