QUESTION

Will I get in trouble for using a picture of a celebrity on a advertisment poster?

Asked on Sep 24th, 2013 on Business Law - Colorado
More details to this question:
For a school project My group and I had to create a smoothie to sell at our local smoothie shop. We came up with the name "Very Berry Manilow" and on our promotional poster we used a picture of Barry Manilow.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If you were actually using Barry Manilow's likeness for a commercial purpose without his permission, you could be liable to to pay him damages.  In most jurisdictions, celebrity likenesses are like trademarks.  Just as you can't use an adidas or ralph lauren trademark on your goods without permission, you can't use Barry Manilow's picture on your drink either.  However, since you actually used the picture for a class project, and not for commercial purposes, you should be ok.
Answered on Sep 24th, 2013 at 5:37 PM

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