Right of Publicity in Nevada's Entertainment Industry

A Las Vegas performer found her face on billboards advertising a competing show on the Strip. She’d never given permission. The photos were pulled from her social media, digitally altered to remove watermarks, and used to market a production she had no connection to. By the time she discovered the billboards on Las Vegas Boulevard near the Bellagio, they’d been up for six weeks.

That’s a right of publicity violation under Nevada law, and the performer had a strong claim.

I’m Evan Dotta, a partner at Mister Wolf, P.C. We represent entertainers, performers, influencers, and businesses in Nevada right of publicity disputes. Las Vegas is unlike any entertainment market in the country. The concentration of live shows, celebrity residencies, nightclub appearances, influencer events, and brand partnerships creates constant friction between commercial exploitation and personal rights. Nevada’s right of publicity statute gives individuals control over how their identity is used commercially, and the penalties for violations are real.

Here’s what Nevada’s right of publicity law covers, how it compares to California, and why Las Vegas entertainers and businesses need to know the rules about using someone’s name, image, or likeness.

What Nevada’s Right of Publicity Statute Says

NRS 597.770 Through 597.810

Nevada codified the right of publicity in NRS 597.770 through 597.810, a critical area of intellectual property law. The statute prohibits the use of a person’s name, voice, signature, photograph, or likeness for commercial purposes without written consent.

The core prohibition under NRS 597.790 is straightforward: a person shall not knowingly use another person’s name, voice, signature, photograph, or likeness for the purpose of advertising or selling, or soliciting the purchase of, products or services without written consent.

The statute covers five distinct elements of personal identity:

Name (including first name, last name, and stage names)
Voice (recognizable vocal identity)
Signature (handwritten or electronic)
Photograph (any photographic image)
Likeness (any visual representation, including drawings, paintings, and digital renderings)

That last category, “likeness,” matters most now because of AI. A digital avatar that looks like a specific person falls under the likeness prong, even with no actual photograph. I’ll explain the AI angle later.

Who Can Bring a Claim

Any natural person whose identity is used without consent can bring an action under NRS 597.790. The statute doesn’t require the person to be a celebrity or public figure. A cocktail server at the Wynn whose photo appears in a third-party ad for a competing venue has the same rights as a headliner at the Colosseum at Caesars Palace. The right belongs to everyone.

For entities that use personality rights commercially (talent agencies, show producers, venue operators, brand sponsors), this means written consent from every identifiable individual, every time. Verbal agreements aren’t enough. The statute specifically requires “written consent.”

How Does Nevada’s Right of Publicity Compare to California’s?

Key differences

California’s right of publicity statute, Civil Code Section 3344, is the most litigated publicity rights law in the country. Nevada’s statute is narrower in some ways and broader in others.

Statutory damages. California’s Section 3344 provides a minimum statutory damages floor of $750 per unauthorized use, regardless of actual damages. Nevada’s NRS 597.810 provides for actual damages plus any profits attributable to the unauthorized use, but doesn’t set a minimum floor. In practice, this means California claims have a guaranteed minimum recovery, while Nevada claims require proof of actual harm or defendant profits.

Scope of protection. Both statutes cover name, voice, signature, photograph, and likeness. California’s common law right of publicity (recognized in cases like Eastwood v. Superior Court) extends beyond the statute to cover other indicia of identity, including personal characteristics and mannerisms. Nevada’s statutory protection hasn’t been interpreted as broadly by Nevada courts, though the “likeness” category provides room for expansion.

Criminal penalties. Nevada’s NRS 597.800 includes criminal penalties: a first offense is a misdemeanor, and subsequent offenses within five years are gross misdemeanors. California’s Section 3344 is purely a civil statute. The criminal dimension of Nevada’s law adds enforcement teeth that California’s law lacks.

Who can consent. Under NRS 597.790, consent must be in writing from the person whose identity is used. For minors, consent comes from a parent or legal guardian. California’s statute has similar requirements but includes more detailed provisions for consent in the entertainment industry context.

For performers and entertainers splitting time between Las Vegas and Los Angeles, understanding both statutes is critical. We cover the California side in our post on right of publicity in California. Any promotional campaign running in both states must comply with both laws.

What Are the Exceptions to Nevada’s Right of Publicity?

Protected uses

NRS 597.810 and the broader First Amendment provide exceptions that prevent the right of publicity from swallowing free speech. The main exceptions include:

News reporting and public affairs. Newspapers, television stations, and online news outlets can use a person’s name and likeness in connection with news reporting, commentary, and public affairs coverage without consent. A newspaper reporting on a performer’s show at the MGM Grand can use the performer’s photograph in the article without a release.

Artistic works. Fine art, literature, and creative expression that incorporate a person’s identity may be protected under the First Amendment. The key test, drawn from Comedy III Productions v. Gary Shandling and the California Supreme Court’s transformative use test, asks whether the work adds significant creative expression beyond merely depicting the person. A painting that transforms a celebrity’s image into commentary or artistic expression is protected. A poster that simply reproduces a celebrity’s photograph for sale is not.

Commentary and criticism. Reviews, commentary, satire, and parody all receive First Amendment protection. A comedy show on Fremont Street that impersonates a celebrity for satirical purposes is protected speech. Using that same impersonation in a commercial advertisement is not.

Incidental use. Brief, incidental appearances in crowd scenes, news footage, or documentary content are generally exempt.

Social media complicates every one of these exceptions. An influencer based in Las Vegas posts a photo with a celebrity at a nightclub at the Wynn. They tag the celebrity and add a caption promoting the nightclub. Is that news? Commentary? Advertising? The answer depends on the specifics.

If the influencer was paid by the nightclub to post the photo, it’s commercial advertising, and the celebrity’s consent is required under NRS 597.790. If the influencer posted it organically, it’s likely protected speech. But the line between organic content and sponsored content has become almost invisible on platforms like Instagram and TikTok.

The Federal Trade Commission reported in 2024 that it had sent over 700 warning letters to influencers for failure to disclose sponsored content. That disclosure problem intersects directly with right of publicity law. If a post is actually an undisclosed advertisement, the right of publicity statute applies, and the person depicted in the ad may have a claim.

If you’re a Las Vegas venue, show producer, or brand that uses influencer marketing, require written publicity releases from every identifiable person appearing in sponsored content. Do this before the content goes live. A release signed after publication doesn’t cure a violation that already occurred.

How Do AI-Generated Likenesses Fit Under Nevada Law?

The emerging threat

AI-generated images, videos, and voices have created a new frontier for right of publicity claims. Generative AI tools can produce photorealistic images of real people in situations they never participated in, saying words they never said, endorsing products they’ve never used.

For Las Vegas entertainers, this threat is immediate and personal. A headliner’s AI-generated likeness could appear in a promotional video for a show they have no connection to. A performer’s voice could be synthesized to narrate an advertisement. A digital version of a deceased entertainer could be projected on a screen at a Fremont Street Experience show without the estate’s consent.

Nevada’s NRS 597.790 covers “likeness,” which courts can reasonably interpret to include AI-generated likenesses that are recognizably based on a specific person. The statute doesn’t require a “photograph” in the traditional sense; “likeness” is a broader category that encompasses any visual representation. A deepfake video of a performer endorsing a casino is a commercial use of their likeness, full stop.

Federal Efforts

Congress has considered federal right of publicity legislation. The NO FAKES Act, introduced in 2024 and reintroduced in 2025, would create a federal right against unauthorized AI-generated replicas of a person’s voice or visual likeness. As of mid-2026, the bill hasn’t passed, but it’s a signal of where things are heading.

For now, Nevada’s existing statute provides protection. The question isn’t whether AI likenesses are covered (the “likeness” language is broad enough). The question is proving that the AI-generated image was created “knowingly” and used for “commercial purposes,” as the statute requires. An AI image generated by a random user for fun may not meet those thresholds. An AI image commissioned by a business for advertising clearly does.

What performers should do now

Register your visual identity. While there’s no formal “right of publicity registry,” you can establish a documented baseline of your authentic image, voice, and likeness. Keep professional photographs, voice recordings, and video samples in a secure archive. If an AI-generated version of you appears, this baseline proves the likeness was based on your identity.

Monitor AI platforms. Use reverse image search tools and AI detection services to scan for unauthorized uses of your likeness. Google Image Search, TinEye, and emerging AI-specific detection tools can flag images that closely resemble your appearance.

Include AI provisions in contracts. Every performance agreement, talent release, and brand partnership contract should explicitly address AI-generated content. Specify whether the other party has the right to create AI-generated versions of your likeness, and if so, for what purposes, for how long, and with what compensation.

Add a clause to your talent agreements now that prohibits the creation, use, or distribution of AI-generated likenesses without separate written consent and additional compensation. If your current agreements say nothing about AI, the other party can argue they have your consent.

What Happens to Right of Publicity After Death in Nevada?

Post-mortem rights

Nevada’s right of publicity statute includes post-mortem protection. Under NRS 597.790, the rights of a deceased person may be enforced by the person’s estate or authorized representative. The duration of post-mortem protection under Nevada law isn’t explicitly defined in the same way California’s is (California provides 70 years after death under Civil Code Section 3344.1), but Nevada courts have recognized that publicity rights survive death and can be enforced by heirs and estates.

Las Vegas has a unique relationship with deceased entertainers. Holographic and projected performances of deceased artists are now a major part of the entertainment market. These shows need licensing from the performer’s estate.

The estate controls the right. A venue that uses a deceased entertainer’s name or likeness in advertising without estate authorization faces the same statutory liability as if the entertainer were alive. Elvis Presley Enterprises, the Frank Sinatra estate, and the estates of other legendary Las Vegas performers actively enforce these rights.

For estates and heirs: designate a single authorized representative to manage publicity rights. Document all existing licenses and permissions. Monitor for unauthorized uses, particularly in the Las Vegas market where the commercial value of deceased entertainers’ identities remains exceptionally high.

Where Do You File a Right of Publicity Lawsuit in Nevada?

Choosing your forum

Right of publicity claims in Nevada can be filed in Nevada state court or, if diversity jurisdiction or a federal question exists, in the U.S. District Court for the District of Nevada.

For claims involving only Nevada parties and Nevada law, state court in Clark County (Las Vegas) or Washoe County (Reno) is the default. Clark County District Court handles the bulk of entertainment-related publicity claims because most violations occur in the Las Vegas market.

Federal court (the District of Nevada) becomes available when there’s diversity of citizenship (the parties are from different states and the amount in controversy exceeds $75,000) or when the claim includes a federal cause of action. Right of publicity claims often pair with federal Lanham Act claims under 15 U.S.C. Section 1125(a) (false endorsement or false advertising), which provides an independent basis for federal jurisdiction.

Filing in federal court has advantages: faster discovery timelines, more experienced judges on IP matters, and the ability to combine state and federal claims in a single proceeding.

Damages and remedies

Under NRS 597.810, a successful plaintiff can recover:

Actual damages suffered as a result of the unauthorized use
Profits the defendant earned that are attributable to the unauthorized use
Punitive damages in cases of willful or reckless violation
Injunctive relief to stop ongoing or threatened violations
Attorney’s fees and costs as the court deems appropriate

The criminal penalties under NRS 597.800 add another dimension. A first offense is a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine. Subsequent offenses within five years are gross misdemeanors. While criminal prosecution is less common than civil enforcement, the possibility of criminal charges increases the pressure on defendants to settle civil claims.

What Should Las Vegas Entertainers and Businesses Do Right Now?

For performers and public figures

The Las Vegas entertainment ecosystem runs on personal identity. From marquee names at Resorts World and the Venetian to performers in smaller venues on Fremont Street and the Arts District, your name and likeness have commercial value. Protecting that value requires affirmative steps.

Keep a file of every authorized use of your name and likeness. Know who has permission and for what purpose. When you discover an unauthorized use, document it immediately (screenshots with timestamps, photographs of physical advertising, and records of the context).

Review every contract you’ve signed in the past five years. Look for broad publicity rights grants that might authorize uses you didn’t contemplate. Some venue contracts include language granting the venue perpetual rights to use your likeness in promotional materials. If that’s broader than you intended, renegotiate.

For venues, producers, and brands

Getting this wrong costs real money. Beyond statutory damages and court orders to stop, a right of publicity lawsuit damages your reputation in the Las Vegas market. Performers talk. If your venue gets known for unauthorized use of likenesses, hiring top talent gets harder and more expensive.

Get written releases. Every time. No exceptions. The release should specify the exact use (print advertising, digital advertising, social media, merchandise), the duration, the territory, and whether the release covers AI-generated content. Keep signed copies in a centralized file.

At Mister Wolf, P.C., we handle right of publicity claims for performers and entertainment businesses in Nevada through our Nevada intellectual property practice. If someone is using your name or likeness without your permission, or if you’ve received a demand letter alleging unauthorized use, gather your documentation (the unauthorized materials, your contracts, and any correspondence) and call us. We’ll evaluate the claim and outline your options within 48 hours.