The leading online Right of Publicity resource.

Expert Witness Valuations

You may have a Right of Publicity case, or you may be defending one, but what’s it worth? A critical component in Right of Publicity licensing or litigation concerns valuation. If an association with a personality of some kind is desired, how does one determine what represents a fair licensing arrangement? If in a litigation context, if liability is established, how does one determine the valuation? Is it the ten million dollars asked for in the complaint, or the one dollar the defense as the value of what was taken? Consider when it was reported that the Rolling Stones had licensed “Start Me Up” to Microsoft for the launch of Windows 95, reports on the transaction ranged from $5 million to $25 million, and each report stated the information as factual. For all these reasons, a qualified Right of Publicity expert witness can perform a critical function, and much-needed perspective, to the matter.

The licensing business is secretive in nature. Most transactions provide confidentiality as part of the contract. Similarly, most valuations are proprietary, highly fact-dependent, and often are submitted under seal, so it is difficult if not impossible to get valuation information in the absence of a designated expert.

The creator of this site has served as an expert witness for plaintiffs and defendants alike on many occasions, including in relation to some of the most visible or high-value matters of recent times. Some of these matters cannot be disclosed, but a few recent cases of the author involved valuing the rights pertaining to Prince in relation to his Estate, as well as disputes between Uma Thurman and Lancome, Fruit of the Loom and Robby Gordon, Nikki Sixx and Vans, Gary Stevens and Southern States Cooperative, Ludwig Bemelmans (Madeline) and DIC Enterprises, Tara Reid and Sky Las Vegas Condominiums, as well as matters involving Drake, 50 Cent, Coach John Wooden, Oscar de la Hoya, and the Ramones.

Part of the unique value the site’s creator brings to the equation is his work with hundreds of different intellectual property owners, from living and deceased celebrities from the sports, historical, political and acting arenas, as well as famous brands, sports leagues, sponsors, and others.  He has dealt with thousands of companies throughout the world, in relation to almost every kind of advertising campaign, sponsorship, promotion, or consumer goods imaginable. As such, his experience and perspective congeal into a rare but critical asset for an expert to possess: credibility.

Feel free to contact Jonathan Faber via Luminary Group to discuss your consulting or expert witness needs. 

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