Legal Question in Entertainment Law in California
Can a company making a movie show a picture of someone in their movie without the consent of the person in the picture? Would it matter if they did not take the picture, but pulled it out of a magazine ad?
3 Answers from Attorneys
If the movie is a theatrical production, as opposed to a news item, the company cannot use a person's name or likeness, without the person's consent.
No. Are you the person? If so contact me directly.
Probably not. It depends upon whether the person is a public figure. And, yes, it matters that the picture is from a magazine ad--even worse. That would belong to the magazine or the photographer (depending upon their agreement), and might constitute copyright or trademark infringement as well as depicting the person without consent. Chances are the person in the magazine gave consent for that particular use, but not for any other. Usually, the photos you see in films are of actors who have been paid.
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