Legal Question in Intellectual Property in California

I am just starting out with my small business of greeting cards. I am inspired by pop culture including celebrities, bands and movies. I have a face of one celebrity, a movie character and a drawing from a band cd cover that I am concerned about in specific. Am I infringing on any copyright laws while using these inspirations from my hand drawn cards?


Asked on 2/17/15, 2:52 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

It sure sounds like infringement.

You don't get the right to use another's IP to help promote your business and using the image, names or likeness of people especially famous people exposes you to claims for violating their rights of privacy and publicity which are state law causes of action. As you can imagine CA has very developed and protective statutes as do other states:

http://www.dmlp.org/legal-guide/california-right-publicity-law

I strongly suggest that you discuss all your objectives over with counsel before making any further investment. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 2/18/15, 6:38 am


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