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.
Delaware Celebrity Name and Likeness Release for Use on a Web Site
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State:
Multi-State
Control #:
US-DB1109AM
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Word;
PDF;
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FAQ
Appropriation, also referred to as misappropriation, is the unauthorized use of a person's name, photograph, likeness, voice, or endorsement, often for financial gain. Although appropriation may involve speech or communication, the First Amendment does not protect its practice.
In California, for example, almost anyone's likeness, name, photograph, signature, and voice is protected for seventy years after their death. New York, on the other hand, only grants right of publicity protection to those who profit from their name and likeness.
Under copyright law, the photographer is the original ?author? and copyright owner of the photograph. A painting based on the photograph is a copy of that work. Thus, the painting constitutes infringement unless you have the copyright owner's consent.
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.
In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities.
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.
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.
If someone is using your name or likeness in connection with the sale of goods or other advertising, they may be liable under California law for ?Invasion of Privacy.? The right of publicity is a form of intellectual property distinct from trademark and copyright that protects against the unauthorized use of a person's ...