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Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.
It is generally permissible for people to take photographs at any public place or any private place that they own or rent. Being present on someone else's private property generally requires the property owner's consent to take photos.
Likeness Rights: In addition to using a copyrighted work, you can be also be sued for using someone else's name, likeness, or personal attributes without permission (most often when used commercially). The right of publicity is essentially the right to control the commercial use of your identity and image.
"Likeness" refers to a visual image of the plaintiff, whether in a photograph, drawing, caricature, or other visual presentation. The visual image need not precisely reproduce the plaintiff's appearance, or even show his or her face, so long as it is enough to evoke the plaintiff's identity in the eyes of the public.
The short answer is no. Individuals do not have an absolute ownership right in their names or likenesses. But the law does give individuals certain rights of privacy and publicity which provide limited rights to control how your name, likeness, or other identifying information is used under certain circumstances.
Answers: All false. Unless you have permission, you should not distribute, copy, display, or reuse someone else's photos for any product in which you or your company will benefit, including reports, proposals, presentations, social media, and web sites. The Fair Use doctrine does not apply to for-profit companies.
Clause: Likeness Approval. Likeness Approval. Artist shall have the right to approve one hundred percent (100%) of all non-photographic likenesses (and an absolute right to approve all caricatures) of Artist for use in connection with Producer's advertising and/or exploitation of the Picture.
The right of publicity is an intellectual property right that protects against the misappropriation of a person's name, likeness, or other indicia of personal identitysuch as nickname, pseudonym, voice, signature, likeness, or photographfor commercial benefit.
Using the name of likeness of another occurs when a business or individual uses someone's name, photograph, or other defining attributes or likeness for commercial purposes, such as advertising or other promotional activities.
When an image has copyright protection, no one else can use the image without the owner giving permission. With these rules in place, you need to assume that there is copyright attached to any image you come across. Otherwise, you may face a court order, fines, or escalated legal action.