QUESTION

If a celebrity willingly agreed to allow me to video him saying my business slogan can I be sued if video is used to promote my business?

Asked on Nov 30th, 2012 on Entertainment Law - New York
More details to this question:
I have a video of several professional athletes, that agreed to make the video, but didn't ask any questions, I told them I was trying to open my business. Now, I would like to use the video to promote my business.
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4 ANSWERS

Susan Marie Basko
Those celebrities control their right of publicity and if you use the video in the way you state, you are implying their endorsement of your business. To use it legally in this way, you would need to have a written agreement that specifically states how it will be used. If not, they can sue you for breaching their right of publicity, for damaging their reputations, and possibly for other things. It sounds like you actually tricked them, because they did not realize that what they were saying is business slogan. Tricking people is not good. Most professional athletes cannot endorse a product without their agent and lawyer carefully considering if this is a good move for them, career-wise and financially. It's worth asking, though.
Answered on Dec 01st, 2012 at 5:48 PM

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You need to have permission from the celebrity to use their video image to promote your business. That permission can be videotaped permission where you specifically ask them on camera if you can use their image to promote your business and they respond with a yes. Or that permission can be written permission that they actually signed. But without such clear permission in one of these two forms, you can not use the video you got. Permission for commercial use as you want to do must be clear or usage is not permitted.
Answered on Nov 30th, 2012 at 9:52 PM

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John J. Carney
You would need a person's release or contract in order to use their name, image, or trademark.
Answered on Nov 30th, 2012 at 9:51 PM

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Commercial Litigation Attorney serving New York, NY
Partner at Cuomo LLC
2 Awards
Its not that simple. If they did not specifically agree in writing or on tape to allow you to use their likenesses, names and images, then you do not have valid permission to do so and are begging for an expensive lawsuit. It is not enough that "they did not ask any questions" you have to have a valid release.
Answered on Nov 30th, 2012 at 5:37 PM

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