Forum: Poser - OFFICIAL


Subject: The Heiress for SP3 = Paris Hilton?

macmullin opened this issue on Apr 14, 2005 ยท 50 posts


byAnton posted Sun, 17 April 2005 at 5:59 PM

You are refering to any extention of copyright law called ""right of publicity". http://www.publaw.com/rightpriv.html It protects celebrity likenesses from 3rd parties. This product is tricki. It is called the hieress, it says that the morphs were based on a real celebrity as well. That may cross the line. using "Heiress" could establish use of persona. A juudge may very likely agree that there is no problem, but most cases are won through legal fees. The title and the part mentioning the morph inspiration might not have been the best ideas though. Cooler is a great guy. He is very knowledgable. But it is obviously Paris and is meant to be Paris. Even if there isn't anything "technically" complicated, it doesn't mean there can't be complications. Unlike sims stuff, this is a commercial product, granting people the right to use the likeness comercially. Freestuff is usually safe because you generally can't use it commercially. Artist and brokers should really consult their own lawyers first, since brokers assume all financial liablity in their contracts resulting from and judgments. Basically the celebrity would sue the store and the store would then seek damages from the artist. Stores can't simply say "we just sold it, you will have to speak to the artist". Alot of "Likeness" issues are voided with real people who look like a celebrity. But manufactured toys and products are different. Also, where claiming satire can save you, advertising photorealistic may not. See this url and search for term "Celebrity" http://norcal.gag.org/legalities/3_04_legalities.html Search for term "likeness" http://www.entertainmentlawyermiami.com/FSL5CS/entertainment/entertainment8.asp Vanna sues toy company Search for term in this url "Vanna White" http://www.medialawyer.com/lec-copy.htm Arnold sues toymaker http://weblog.siliconvalley.com/column/dangillmor/archives/010409.shtml Like my mom used to say, "Just cause you can, doesn't mean you should". Not because it is neccessarity wrong, but because there may be consequences. Personally I just get chills around this stuff and would never want to see any broker or artist at risk. People have to take their own steps to be 100% sure they are protected. Never take anyones word for it, not mine or a stores. Check yourself.

-Anton, creator of Apollo Maximus
"Conviction without truth is denial; Denial in the face of truth is concealment."


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