QUESTION
Is it legal to put celebrity quotes on the packages I am selling online?
Asked on Jan 17th, 2012 on Entertainment Law - Oregon
More details to this question:
I want to package my bookmarks, jewelry etc with a little quote, exerpt from a poem, etc on the packaging that is appropriate to the item. I found quotes on internet sites, but I'm concerned there may be a legal issue. I know, of course, that you couldn't sell a product with a celebrities image on it, but I don't know the legalities with spoken word. I would indicate on the package who originally said the quote, but could I be sued? Would royalties be accepted?
2 ANSWERS
2 Awards
While there is no copyright to simple quotes you may have a problem using the celebrity's name attached to the quote as it might give the appearance that the celebrity is endorsing the product. That would violate the celebrity's right to privacy and/or publicity, as well as their trademark. Also, if the quote is so associated and identified with a particular celebrity then its use without their permission could also violate their trademark rights. May I suggest budgeting for a one or two hour consultation with an IP lawyer in your area to make sure your business starts off on the right path.
Answered on Feb 02nd, 2012 at 12:15 PM
Copyright Infringement Attorney serving Portland, OR
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Day & Koch LLP
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It is normally not legal.
Answered on Feb 01st, 2012 at 2:16 PM