Legal Question in Entertainment Law in California

Using celebrity's names in internet videos
I am creating an internet webseries in a mockumentary style where a a character is constantly trying to emulate a real-life, well known celebrity. In the series, I will be using the celebrity's name, and talking about actual things the celebrity has done. It is possible that with sponsorship, I could eventually make money off of this. Does this violate any laws? Am I allowed to do this without getting the celebrity's permission or compensating them? This particular celebrity has a wide variety of products named after them, she is kind of a brand name at this point. Does that make a difference? Could she be a trademarked name that I am not allowed to use?

Asked on 6/02/07, 4:02 am

Gordon Firemark Law Offices of Gordon P. Firemark

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Re: Using celebrity's names in internet videos

It is possible that the celebrity holds trademark rights in his/her name, and that should be investigated.

If your use of the person's name, likeness, etc, is for commercial use, you may be violating California's right of publictity law.

If, however, your use is a true parody you may be able to rely on the first amendment as protection from liability.

If your use amounts to 'reporting' or 'news' style material, you should have no problem.

You should really consult an attorney who can look at the specifics and give you custom-tailored advice.

Answered on 6/02/07, 5:44 pm

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