Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in this manner, then it may be legally permissible. However, without such consent, using someone's likeness could infringe on their rights, including the right to privacy and control over their own image.

Privacy laws vary significantly by jurisdiction, but many regions provide protections against the use of an individual's likeness without consent, particularly for commercial purposes. Even in a highly targeted scenario where the ad is only shown to the person in question, the principles of consent still apply. It's crucial to ensure that any use of personal images or information complies with applicable laws and respects the individual's rights.

In practice, it's always best to obtain clear, documented consent from any individual whose likeness you plan to use in advertising. This approach not only helps in safeguarding against legal challenges but also respects the individual's autonomy and relationship with your organization. Consulting with legal counsel familiar with privacy and advertising law in your jurisdiction is advisable to navigate these complex issues effectively.

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