Legal Question in Entertainment Law in California

Re: Use Of Likeness In Advertising

It depends on what it is being used for. If Sports Illustrated shows copies of their magazine covers in ads they have the copyright on that. It is another thing if a cereal company takes a photo and uses it as an endorsement of their product. You can't take a photo of Tiger Woods and slap it in your ads giving the impression that he is endorsing your product. That requires his consent. I represent athletes including Bruce Crampton from the Senior PGA Tour. I practice in California and Indiana.

Best regards,

Michael Cortson

attorney at law

Re: Use Of Likeness In Advertising

It depends NOT on what the ad is used for; rather it depends on whether adequate releases were obtained for use of the photo at the time the photo initially ran in the magazine.

And while a big celebrity or pro golfer like the kind Mr. Corton represents, may squawk and cry foul since they are not getting any $$ for what they claim is a missapropriation (unauthorized use of their likeness in advertising); to the extent that your magazine may be reporting the news and not suggesting that the celebrity is endorsing the magazine - such claim may be defeated. To my knowledge, there is no requirement that Tiger Woods get any $$ for appearing on the cover of Time Magazine or Sports Illustrated - so long as the photo itself is not owned by them and thus - an infringement.

THE REAL question IS whether the photo was licensed, released or copyrighted (and by whom).

For instance, in our great country, papparazzi can hang around outside of SPAGO; on the beach at Cannes, or near a Hollywood STUDIO gates to catch a celebrity in public. If they snap a picture - it can be used by the photographer or licensed to third parties.

For celebrity head shots, these can be either: 1 commissioned and owned by the celebrity (and/ or his/her publicist, studio, agent, etc.) ; or 2 owned by the photographer.

When the photographer has obtained the proper "model" releases - then the photo can be used for any purpose which has been considered (approved) under the release (contract).

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