photographers - releases - copyrights..etc

Dick Waterman
Fri May 9 16:23:00 EDT 2008

Chuck Winans gave an excellent treatment of your first question in a post
back on January 8.  Basically the answer is yes, but I recommend going to
the archives and reading Chuck's treatment of it.

As for the second question, the unauthorized appropriation of a person's
likeness or personality for a commercial purpose is an invasion of privacy
and can get you sued.  A couple of well-known examples are Rosa Parks' suit
against the rap group for using her name in a "song" and Jackie Onassis'
suit against a clothing manufacturer for using a "look-alike" to promote
their clothes.

Better Midler and Tom Waits (separate cases) refused to do a commercial for a product so the company hired a "sound alike."

Middler and Waits both won judgments in the MILLIONS because the jury wanted to send the message that a person's musician style is unique and they have the right to not allow it to be used in a commercial.



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