Using trademarked name

[Noobology]

Hello,
I was wondering, can I commercially use superstars' "face" /sell it virtually/ and display their name under it? And if it's trademarked, will displaying for ex. "Justin" instead of "Justin Bieber" help? I mean news does this all the time.
Thanks

 

[quincy]

Hello,
I was wondering, can I commercially use superstars' "face" /sell it virtually/ and display their name under it? And if it's trademarked, will displaying for ex. "Justin" instead of "Justin Bieber" help? I mean news does this all the time.
Thanks

What is the name of your state or, if not in the US, what is the name of your country?

The press can publish photos of people if the photos are taken by them (so they hold the copyrights) or if the photos are licensed by the copyright holder (generally the photographer) for use by the news, and if there is a newsworthy reason for publishing the image.

You cannot make any commercial use of anyone else's image (or persona) without permission from the individual whose image (persona) you wish to use. People have "publicity/personality" rights that allow them to control who can capitalize off their image (persona).

And you cannot use an image the copyright of which is held by another without authorization from the copyright holder.

 

[Noobology]

I'm from Czech Republic in the EU. Sorry for not justifying, I will be the author of the faces' paintings and sell these or give access to them after seeing an ad. Does it apply for that also? Also, what are the possible sanctions for that?

 

[quincy]

I'm from Czech Republic in the EU. Sorry for not justifying, I will be the author of the faces' paintings and sell these or give access to them after seeing an ad. Does it apply for that also? Also, what are the possible sanctions for that?

FreeAdvice addresses U.S. law questions and U.S. legal concerns only. Sorry.

Laws vary in significant ways from country to country. I can tell you that if you use someone else's copyrighted work without authorization from the copyright holder, however, that is likely to infringe on the copyright holder's exclusive rights to their work (with a few exceptions).

I can also tell you that trying to profit off the name, image or fame of another person without authorization from that person can violate their publicity/personality rights.

You potentially could be sued.

You should consult with an intellectual property attorney in your area of the world for a personal review of your proposed project.

Good luck.

 

[Taxing Matters]

Hello,
I was wondering, can I commercially use superstars' "face" /sell it virtually/ and display their name under it? And if it's trademarked, will displaying for ex. "Justin" instead of "Justin Bieber" help? I mean news does this all the time.
Thanks

Well, news organizations in the U.S. do not sell mugs, T-shirts, posters, etc., of celebrities or use their names on such items without the celebrity's permission because as quincy noted that would infringe on the person's right of publicity. So what exactly do you mean by "commercially use" the celebrity's face?

While the law in the Czech Republic may be somewhat different, I wholeheartedly agree with quincy that before starting any venture like this you ought to consult a intellectual property attorney. Celebrities might have protected rights in their image and name there, too. Better to pay a little in legal fees now to find out whether your idea is something you can do than it is to potentially pay out a huge amount later if you infringe on the rights of someone else.

 

[quincy]

... While the law in the Czech Republic may be somewhat different ...

More than "somewhat" different.

It will often be the criminal penalties for violations of IP laws in other countries that differ the most from US laws.

Here is a link to the World Intellectual Property Organization (WIPO) and its links to the IP laws of the Czech Republic:
http://www.wipo.int/wipolex/en/profile.jsp?code=CZ

It is a lot to absorb, Noobology, so it is far easier to find an IP professional in your own country to advise you on your plans.

Good luck.