This is the agreement between the licensee and the manager, governing their relationships and rights. It addresses such things as the right to use name and likeness, content delivery, public appearances and telephone interviews, as well as copyright and confidentiality issues.
Alabama Celebrity Name and Likeness Release for Use on a Web Site
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Multi-State
Control #:
US-DB1109AM
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FAQ
Most often, the protectable trademarks of a famous person are his name, and sometimes his likeness. Not all personal names are trademarks. Indeed, not all celebrity names are trademarks. A trademark is a word, name, graphic, phrase, color, sound or even a smell that identifies a single source of goods or services.
What is a Release for Use of Likeness? When you need to use someone's image (for instance, a photograph or video) in a publication, like a newsletter, magazine or website, a Release for Use of Likeness gives you permission from the person in that image.
A blanket release permits any use of the photographic image of the person signing the release and is suitable if the company or photographer needs an unlimited right to use the image. Stock photographers who sell their photos for unlimited purposes commonly use blanket releases.
While you could be sued for unauthorized commercial use of someone's likeness, there are times when it is ok to use a celebrity's image. The simplest method is to get the celebrity's permission to use their likeness. This may require: Fees or royalties paid to the celebrity.
It is a valuable asset for celebrities in California, as it can be a great source of income for them. However, if a company or individual uses a celebrity's image without their permission, they could face civil penalties in a ROP lawsuit.
Currently, there is no specific legislation that prohibits you from using a famous person's image or identity to create or inspire your product without their express consent. However, there are two legal avenues that they can drive their Ferrari down to stop you from using their likeness.
You should consider contacting the person or their agent and get written permission before using any aspects of their identity. You may have to pay to obtain those rights. You need to investigate the use of a deceased person's name to determine if any rights still exist, and who holds those rights.
You may need multiple permissions, not only from the photographer, under copyright, but also from each person depicted, under the rights of privacy and publicity. Generally, artists' models have consented to use of their image in the artwork by virtue of being paid for their services as models.