Legal Question in Intellectual Property in Illinois

Commercial use of an NFL player's likeliness to promote your book is not "editorial use" by which I take you to actually mean "fair use". Of course you need permission if you want to be insulated from a copyright infringement claim. By putting that photo on your book cover, you are trying to take a free ride on the player's coattails. And, your are implying the player is associated with or endorses your book, which appears to be false. And, you would be usurping the player's right to control the quality of items bearing his likeness. A devotional book? Probably Kurt Warner you want to use. He might be feeling generous and not sue you, but the NFL is notorious for such suits. Generally the league controls the licensing, so you need to talk to the NFL licensing group. This won't come cheap.

As a Franchise Attorney I agree with the other attorney answer. You definitely need permission and the place to start is the NFL licensing group. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

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