Legal Question in Intellectual Property in Georgia
Understanding Right of Publicity
Trying to understand the Right of Publicity law. Here are a few scenarios using 'you' in the examples. You and a friend attend a celebrity event. There isn't a ''no photo'' clause for the event. You have a camera with film, your friend a digital camera. You both take pix of the celebrities and some celebrities even pose with you and/or your friend.
You have your pictures developed and some of the pictures are so great you want to have them made into 8x10s and framed for your personal use. Your friend decides to have his favorite picture put a mousepad and pays a Co. to create one. Several friends like the pictures and want mousepads for themselves. All of these items are for personal use only.
Is it illegal for my company to put those images on any personal use products for the owner of the pictures without the celebrity's permission? If so, can you please help me understand why film developers or picture framers don�t need a celebrity�s permission to profit from that image, but personal use products do? Again to clarify, my biz is not in the market of selling products with celebrity images. My biz is providing the ability for you to display and enjoy your pictures in other ways besides paper.
1 Answer from Attorneys
Re: Understanding Right of Publicity
In general, people in public places have a very limited right to privacy with regard to picture taking. However, issues would arise if you are taking pictures (and selling them) of a person has used his/her likeness as a merchandising asset.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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