SERVICE - ARTIST ENDORSEMENT RECOVERY
SERVICE - ARTIST ENDORSEMENT RECOVERY
For artists and managers: when brand content borrows a recognisable song, voice, lyric, trend or association, there is more at stake than the recording. There is you.
Your label may control the recording. Your publisher may control the composition. But your name, voice, persona, reputation and endorsement market belong to you, and when a brand's content trades on them, that is a separate commercial interest with a separate claim.
It is used without permission constantly. It is almost never paid for and in most cases, nobody in your team even knows which brands used your work, at what scale, or what it earned them.
What we do
We identify brand content that trades on your identity or association
We preserve the evidence, assess the commercial value of the implied endorsement, and manage the matter toward payment, licensing or resolution.
Where appropriate, we work alongside your label and publisher, so the recording, composition and endorsement positions are handled together, not in conflict.
Assessment
How we assess an endorsement claim
Not every use is a claim, and we would rather tell you that early than bill you for finding out. Here is how we work out whether a brand's content is worth pursuing.
FAQ's
Everything you need to know
What counts as an endorsement if the brand didn't say my name?
It depends on what else is in the post, and the distinction matters. Use of your recording is a rights question, and it belongs to whoever controls the recording and the composition. An endorsement claim is a different thing: it turns on whether the content would reasonably be read as you being connected with the brand, or having approved it.
In the UK there is no automatic right to control how your name or image is used commercially. A claim has to show three things: that you have a reputation worth protecting, that the content misrepresents you as endorsing the brand, and that this caused you harm. In the US the position is broader, with established routes for false endorsement and, in many states, a right of publicity.
So the honest answer is that the song on its own is usually a rights matter. What turns it into an endorsement matter is everything the brand puts around it.
Does it change things if the brand tags me, names me, or uses my picture?
Considerably. Those are the signals that move content from a rights issue to an endorsement one. Roughly in order of weight:
Naming you, or putting your name on screen. The most direct signal there is. It ties you to the product explicitly, and it makes no difference that you and the brand are in unrelated lines of business.
Tagging or @-mentioning you in the caption. An express connection between the brand and you, published by the brand, in commercial content.
Using your image, or footage of you. Relevant, but rarely decisive on its own. It matters far more when the image is recognisably tied to a particular release or moment in your career, and when the brand has been publicly associating itself with you over a period.
Repeated use of your catalogue over time. A brand that has used several of your tracks across months or years has built a sustained association rather than made a one-off content choice. That carries real weight, it is much harder to characterise as an accident, and it usually values higher.
The song alone, with nothing else. Usually a rights matter rather than an endorsement one. The main exception is a distinctive voice deliberately imitated in order to sell a product, which is treated seriously in its own right, particularly in the US.
Most of the matters we see combine several of these. That is what the evidence pack is for: it captures the tags, captions, on-screen text, imagery and the pattern of use over time, so the endorsement question is assessed on the facts rather than argued in the abstract.
If your name is a registered trade mark the position is stronger again, which is one reason we also handle artist name and mark registration.
Whether there is a claim depends on the facts and the territory. That is what a case review is for.
What does it cost?
Do I need my label or publisher's permission?
What if my label is already dealing with it?
Who actually runs the claims?
Will this damage my relationships with brands?
It shouldn't, and we work hard to make sure it doesn't. Brands are potential future endorsement partners, and an approach that establishes what your association is worth commercially is often the start of a paid relationship rather than the end of one. Nothing goes out without your approval, and we'll tell you when a matter is better left alone.
What do you need from me to start?
This page describes our services in general terms and is not advice on your particular situation. For a view on a specific case, ask us for a case review.