polartech opened this issue on Jul 06, 2002 ยท 16 posts
kbade posted Sun, 07 July 2002 at 5:54 PM
Attached Link: http://www.caslon.com.au/ipguide20.htm
LadySilverMage: There may be some uses of famous faces that may be proper, but I can assure you that the estates of dead celebrities from Bela Lugosi to Elvis Presley to the Three Stooges to Martin Luther King, Jr., are very diligent about policing any commercial exploitation of those likenesses whenever money is involved, and I expect that many live celebrities will do the same. It's not the ultimate use per se that is the problem; it is when there is money being made from the sale of likenesses. Polartech wrote that he is aware of a company that has been developing likenesses. I was assuming, perhaps incorrectly, that the company intended to sell likenesses at some point. The public figure doctrine is well established in the law of defamation, but I am concerned about possible legal action based on the "right of publicity" recognized in some states, notably CA and TN, to name two. In this respect, public figure status is not necessarily a defense; legally, while you cannot defame the dead, the estate of the Stooges may come knocking at your door if you're selling unauthorized Stooges t-shirts. All I'm suggesting is that if someone is planning to sell likenesses, they might want to consult an attorney who knows something about intellectual property...but I included a link in the event that anyone wishes to study the issue further.