Q: Creating content for brand with an end card that says 'brought to you by'. Content includes pics of athletes. Doable?
Working with a non-sponsor brand to create content that includes athlete image and stats, and then the graphic will have in association with. Was wondering if there was an issue here. What if the image of the athlete is in art form?
A:
Short answer: Yes, there are issues.
Longer answer: There are several issues that need to be carefully evaluated in your situation. First is the right of publicity. The second is potential copyright implications both for the photos and any stylized/artistic rendering of a person. Trademark law may also be involved. I strongly recommend you get a formal legal opinion from an attorney experienced with rights of publicity/likeness and copyright to ensure that you have proper clearance to pursue the proposed marketing. This is not something you want answered in a public forum, but rather carefully evaluated in a confidential setting with a lawyer. I would budget approximately $2,000 to $5,000 for the legal opinion (or more, if complex). If you need a license to achieve your goals, you will need to budget additional capital and time for negotiating one or more such agreements.
Good luck!
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.
