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.
Palm Beach Florida Celebrity Name and Likeness Release for Use on a Web Site
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Multi-State
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Palm Beach
Control #:
US-DB1109AM
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FAQ
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.
Can a person's identity, like a book or a film, ever enter into the public domain? Yes, but only in specific circumstances. While the works a celebrity may producea movie, book, television show, albumare under copyright, their likeness is governed by trademark laws.
Celebrity's faces, in and of themselves, are not a work of authorship and therefore not entitled to copyright protection.
Taking photographs of things that are plainly visible from public spaces is a constitutional right and that includes federal buildings, transportation facilities, and police and other government officials carrying out their duties.
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 "Copyright Protection Not Available for Names, Titles, or Short Phrases".
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.
Under U.S. trademark law the celebrity name must function as a trademark, and indicate the source of the goods or services.
Currently no federal law in the U.S protects celebrities' right of publicity, however states like California have established statutes and common law to protect their celebrity citizens.
Privacy and publicity rights protect the ability of a person to control the commercial use of their image, and to prevent unauthorized or intrusive uses of their image. These rights stem from state, not federal, law.
In most cases, you cannot name your products after celebrities. Names are part of a celebrity's brand, and using their name on your products may mean consumers associate your goods with the celebrity. This may result in the celebrity suffering financial loss or damage to their reputation.
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