Q: Legal use of celebrities's photo in my film
Hello!!! Thank you for the good site!!!
I'm an aspiring film director. I have some questions to you! 1 - I want to use Freddie Mercury image. I know that it's impossible. But what about if I will draw his portrait by myself? Can I use it in my film?
2- the same question about book cover. Can I use just a book or I need to create "new" cover by myself? In this case I will be completely safe?
Thank you very much!!!!!
A:
Use of a celebrities image (whether drawn or photographed) may give right to publicity rights claims, depending on the jurisdiction of use. Many states, including CA and NY have state law protecting the rights of individuals to control the use of their name and likeness. Some of these laws even extend to the celebrity's heirs. There are "fair use" defenses available for violations of this right, but they are fact-specific and you should speak to legal counsel to assess your situation prior to using the image in a film.
Regarding the book cover, copyright law does not protect titles, but it could extend to the images on the cover. Sometimes the use of images in a film are considered incidental and not substantial enough to give rise to a claim. However, if the book is prominently mentioned or displayed, you could subject yourself to a claim of unauthorized display. Again, seek legal counsel with experience with copyright law to assess and clear your use prior to distributing your work to the public.
DISCLAIMER: Please note that this answer is not a solicitation, does not constitute legal advice and does not create an attorney-client relationship with myself or the Law Office of Mark B. Saku PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
