Oxnard, CA asked in Entertainment / Sports and Intellectual Property for California

Q: My father was a Hall of fame football player some companies are using his image and making your own sports cards do they

DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George

Do they need my permission to use his Image and name and collect money from it PLEASE answer YES or NO. thank you very much George

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent unauthorized use of an individual's identity for profit.

If your father was a Hall of Fame football player, companies would typically need to obtain permission from his estate to use his image and name on sports cards or for any commercial purpose. This is especially true if they are making money from products or endorsements using his likeness.

Therefore, if these companies are using your father's image and name to produce and sell sports cards without obtaining consent from you or his estate, they may be violating California's right of publicity laws. You or the estate would generally have the right to take legal action against such unauthorized use. Yes, they would need your permission to legally use his image and name for commercial gain.

Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: Based solely on the information in this post: 1. No; 2. No.

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