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[Spahr0916]

What is the name of your state (only U.S. law)? PA

Hello.

I have a business that sells rebuilt modified engines to the race community. In the early spring, my company sponsored a large race. In doing so, the gusy who was running the show, gave a few good comments on his sponsors. I took what he said about my company and posted this on my site under some of my customer testimonies about our products and services.
This guy has sent me an email stating that he did not give me permission to use his comments or his name and I have to remove it, as this is a copyright infringement.

Is this true? I cannot use the words of what someone said about my product ? Please let me know if I can use his words and who said it, or if I can just use his words without puting his name behind them

Thanks in advance.

 

[divgradcurl]

What is the name of your state (only U.S. law)? PA

Hello.

I have a business that sells rebuilt modified engines to the race community. In the early spring, my company sponsored a large race. In doing so, the gusy who was running the show, gave a few good comments on his sponsors. I took what he said about my company and posted this on my site under some of my customer testimonies about our products and services.
This guy has sent me an email stating that he did not give me permission to use his comments or his name and I have to remove it, as this is a copyright infringement.

Is this true? I cannot use the words of what someone said about my product ? Please let me know if I can use his words and who said it, or if I can just use his words without puting his name behind them

Thanks in advance.

This probably isn't a copyright infringement issue, but it does raise questions under defamation law, namely the use of someone's name to endorse your business without their permission. If you can't get his permission to use the testimonials, you are better off not using them.

 

[quincy]

I think divgradcurl meant "privacy" law and not "defamation" law.

It is an invasion of privacy to misappropriate the name or likeness of a living (and sometimes dead) person for the purposes of trade or advertising without that person's permission (or the permission of the estate of a dead person).

This tort allows a person to control if, when, and how their name or image is used, and to be compensated for its use.

I agree with div that this would not generally be a copyright issue, unless the guy who was running the show was working from a "script" when he praised those who worked on the race, or had published his own comments somewhere (and even then copyright infringement would be a stretch). And, if you put "false" words in the guy's mouth, by attributing to him statements he never made, it could potentially support an invasion of privacy/false light action. A defamation action, however, would only arise if you attributed to him false statements and this in some way defamed him and was injurious to his reputation. None of the above laws seem to apply to your situation.

The most likely legal action the guy could consider taking against you, if you continue to use his name and the statement he made in a way that advertises your product or service, is to sue you for invasion of privacy/misappropriation of a name or likeness. You need his permission to use his name, and his statement about your products and service, in any commercial manner.

I agree with divgradcurl. If you cannot obtain permission to use the guy's name and statement, you shouldn't use them.