Good discussion of differences between Rules 1. Agency LLC, U.
Legal Resources for Digital Media Search form Search Using the Name or Likeness of Another In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose.
Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities.
But, some states also prohibit use of another person's identity for the user's own personal benefit, whether or not the purpose is strictly commercial.
There are two distinct legal claims that potentially apply to these kinds of unauthorized uses: The "right of publicity" is the right of a person to control and make money from the commercial use of his or her identity.
Because of the similarities between misappropriation and right of publicity claims, courts and legal commentators often confuse them.
We will not try to exhaustively explain the differences between these two legal claims here. It is mostly important for you to understand the legal principles that are common to both claims; we will point out relevant differences below and on the state pages when appropriate.
You might be familiar with the now-famous case of Alison Chang, which is a good example of a potentially unlawful use of someone's name or likeness. Virgin Mobile Australia obtained a photograph of Chang from Flickr, where is was posted with a CC "Attribution" licensewhich gave Virgin Mobile permission from a copyright perspective to use the photograph in a commercial setting so long as it gave attribution to the photographer who took the photo.
For information on copyright licensing, see Copyright Licenses and Transfers. Virgin Mobile used the photograph in an advertising campaign to promote its free text messaging and other mobile services without getting permission from Chang or her parents to use her name or likeness.
Chang's parents sued Virgin Mobile for misappropriation of her likeness, and the facts would also have supported a claim for violation of her right of publicity. They brought other claims against Creative Commons, which they dismissed shortly after filing the lawsuit.
The case, which was subsequently dismissed for lack of personal jurisdiction over Virgin Mobile, is interesting because it highlights the fact that somebody seeking to use a photograph needs to worry not just about copyright law, but also misappropriation and rights of publicity.
The Chang case involved a clearly commercial use of her likeness. As a general matter, you should never use someone's name or photograph in advertising or promotion of your website or blog without permission.
The same goes for creating merchandise that you plan to sell to the public which incorporates someone's name or photograph. With the limited exception for "incidental advertising use" discussed below, you need to get consent for commercial uses like these. But what about a casual reference to your neighbor in a blog post?
Or what if you write an article about a local politician that features his photograph? Or what if you publish a photograph that you took of a famous actress walking down the red carpet at the Oscars? Fortunately, the law does not give individuals the right to stop all mention, discussion, or reporting on their lives or activities.
The common law of most states creates an exception to liability for news reporting and commentary on matters of public interest, and many state statutes explicitly exempt news reporting and other expressive activities from liability.
Despite these substantial protections, it is a good practice to obtain consent of the person depicted when you publish photographs or other personal information about someone on your blog, especially if your use might be construed as commercial or promotional.
Who Can Sue for Unlawful Use of Name or Likeness Only human beings, and not corporations or other organizations, have rights of publicity and privacy interests that can be invaded by misappropriation of name or likeness. Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization.
Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes. See the Trademark section for details. In some states, celebrities cannot sue for misappropriation of name and likeness on the theory that they have no privacy interest to protectand non-celebrities may not sue for violation of the right of publicity on the theory that their personalities have no commercial value.
The growing trend, however, is to permit both celebrities and non-celebrities to sue for both misappropriation and violation of the right of publicity, as long as they can establish the relevant kind of harm.What is a Risk Assessment?
Section 19 of the Safety, Health and Welfare at Work Act requires that employers and those who control workplaces to any extent must identify the hazards in the workplaces under their control and assess the risks to safety and health at work presented by these hazards.
The Client-Friendly billing agreement helps clients establish a fair business relationship with their lawyers. The agreement is published by The Devil's Advocate, the legal fee management and litigation consulting firm with clients nationwide.
The Legal Ethics of Drafting Legal Opinions: Outside Counsel Perspective1 By: Chris Rossman, Partner, Foley & Lardner LLP, Detroit, Michigan 1. Written Legal Opinions a. (in terms of their relationship to the client) in the opinion to rely upon the opinions rendered, and it is known or reasonably.
State. Law or Regulation. Alabama. To answer your question directly, the answer is "No", they are not required by law to write prescriptions, however, the following is a . Choice-of-law and -forum clauses are not only some of the most important issues in non-compete agreements, but they also are some of the most complex.
This Model Legal Opinion is for use by an attorney who has been asked to render a legal opinion to a client, or a prospective client.
This model includes the name of the client, requirements to be addressed and the list of documents which the client has provided in order for the opinion to be rendered.