photographers - releases - copyrights..etc

Jimmy Jacobs
Fri May 9 16:39:15 EDT 2008

Yes, I just recently came across the Waits case.  It was against Frito-Lay
regarding a Doritos commercial.  Waits won $2.5 million.



From: [] 
Sent: Friday, May 09, 2008 3:23 PM
Subject: Re: photographers - releases - copyrights..etc



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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