Legal Question in Intellectual Property in California
Hello,
I have a commercial web site. I have asked many of my celebrity friends for a testimonial about the product. I have used the photo they approved and the text they approved in quotations. Can they demand it back after approving this and my using it?
1 Answer from Attorneys
Yes. Unless you've got a signed contract or release authorizing you to use the celebs' name, likeness and quote, they can insist that you stop doing so.
If, however, you've got a chain of emails or other correspondence that supports your right to do so, you might have an argument.
In California, Celebrities (and most other people) have a so-called "right of publicity", which allows them to control commercial uses of their names, likenesses and the sound of their voices.
This varies from state to state, so you may want to consult an attorney if any celebrity resides in another jurisdiction.
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