Forum: MarketPlace Showcase


Subject: CHECK THIS OUT WOAH!!!

bungle1 opened this issue on Dec 22, 2003 ยท 39 posts


3-DArena posted Tue, 23 December 2003 at 10:47 PM

Oh and while I lost most of my links in my reformat I do have a few on this subject: A quote from Stanford University http://fairuse.stanford.edu : "Right of Publicity. The image and name of a person are protected under a patchwork of state laws known as the right of publicity. These laws protect against the unauthorized use of a person's name or image for commercial purposes--for example, the use of your picture on a box of cereal. The extent of this protection varies from state to state. (See Chapter 12.) " Also: "Right of Publicity The right of publicity grew out of the general principles of invasion of privacy that prohibited the appropriation of a person's name or likeness to gain some benefit. Within the past few decades, the right of publicity has emerged as an independent type of claim that can be made when a person 's name or likeness is used for commercial purposes. Although the right of publicity is commonly associated with celebrities, every person, regardless of how famous, has a right to prevent unauthorized use of their name or image to sell products. The right of publicity extends beyond the commercial use of a person's name or image and includes the use of any personal element that implies an individual's endorsement of a product, provided that the public can identify the individual based upon the use. The right of publicity extends to a performer's identifiable voice. For example, in two separate cases, advertisements that used vocal performances that sounded like singers Tom Waits and Bette Midler were found to violate the singers' rights of publicity. In both of these cases, the advertising agency had sought permission from the performer and when it was not granted, the singer's voice was deliberately imitated--a good example of what not to do. As rule of thumb, if the performer 's voice mimics a well-known performer, either accidentally or intentionally, avoid using it. In many states, the right of publicity survives death and can be exercised by the person's estate" Basically Celebrities are covered under a "right of privacy" from Allworth Press copyright section at http://www.allworth.com/Articles/article10.htm: "However, living people also have a right of privacy. You cannot use anyone's image for purposes of advertising or trade (such as using the image on tee shirts) without their permission (which you should always get in writing, as a number of states require in any event). A public figure loses his or her right of privacy with respect to newsworthy information, but not with respect to advertising or trade uses. In fact, a famous person gains what is called the right of publicity which is the right to profit from the exploitation of his or her name or image for purposes of advertising or trade. By court decisions and laws in a number of states, this right of publicity actually can survive death for as long as fifty years in some states. While some laws exempt single or original works of fine art, art in multiples is likely to be distributed nationally and be subject to the most restrictive of these so-called celebrity rights laws."


3-D Arena | Instagram | Facebook

I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use.
-Galileo