Trenton Mihm
Col. Jessup: Banned
If you decide putting a picture of person it should be you and if not, you should be a ban for it.
If you decide putting a picture of person it should be you and if not, you should be a ban for it.
- Thread starter Trenton Mihm
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Ken_Kaneki
Gold Member
It’s not against the rules to use celebrity pictures. You were bothering a 16 year old girl in chat because she’s using Marilyn monroe’s pic 💀 you’re insane leave her alone. We all know it’s obviously not her because she’s old enough to be your great grandmother.
Trenton Mihm
Col. Jessup: Banned
What if someone using a picture of you without your permission how you feel like.
Ken_Kaneki
Gold Member
You need to learn the difference. It’s against the rules to clone people from this site but it’s not against the rules to use a famous person’s pic.
g2xih
Active Member
Trenton Mihm
Col. Jessup: Banned
It calls copyright in USA dumbass.
Trenton Mihm
Col. Jessup: Banned
Nope but it should not be up I bet her family don't like it.
Ken_Kaneki
Gold Member
Wow you’re not very bright yet i’m the dumbass lmaoo you still have time to delete what you just said
Likewise the boy scouts of america would not like you to use their copyrighted logo.
Eagle scout is reserved for the highest ranking members of the Boy Scouts of America not some lowlife troll.
OWNED
Trenton Mihm
Col. Jessup: Banned
For one thing I am an Eagle Scout idiot.
Likewise the boy scouts of america would not like you to use their copyrighted logo.
Eagle scout is reserved for the highest ranking members of the Boy Scouts of America not some lowlife troll.
OWNED
g2xih
Active Member
OWNED!!!
Trenton Mihm
Col. Jessup: Banned
Funny if you obey laws what is suit you and other you do not suit you.
Kd.
🦋❤️
This is the funniest post in the world 😂🤣🤣
Likewise the boy scouts of america would not like you to use their copyrighted logo.
Eagle scout is reserved for the highest ranking members of the Boy Scouts of America not some lowlife troll.
OWNED
Ken_Kaneki
Gold Member
What does this say?
babydolla
Gold Member
And she's dead
Edit: Marilyn, not the user
FFS, I find myself agreeing with you. What the ever living ****? There's hope for the future
VanHelsing
Silver Member
Take a chill
Trenton Mihm
Col. Jessup: Banned
I guess you don't understand estate is.
Please translate. Thank you
Trenton Mihm
Col. Jessup: Banned
How about you do a copyright laws and estate laws.
I know about both. Care to elaborate?
g2xih
Active Member
That camel gif fits perfectly-
Trenton Mihm
Col. Jessup: Banned
If you know the law, then you should know the answer.
babydolla
Gold Member
hOw AbOuT yOu Do a CoPyRiGhT LaWs aNd EsTaTe LaWs
The answer to what. What is the question?
(Also that huge post you just made is full of links which isn't allowed)
Wow did Bread actually just have a legit burn, instead of a crash and burn? Clap clap!
Likewise the boy scouts of america would not like you to use their copyrighted logo.
Eagle scout is reserved for the highest ranking members of the Boy Scouts of America not some lowlife troll.
OWNED
In conclusion, without having some type of permission from the deceased person’s estate or whatever agency or firm manages the publicity rights of the dead celebrity, basically taking a famous person or celebrity’s NIL for your own commercial use is probably just asking for (legal) trouble
in other words everything you just posted means **** all
in other words everything you just posted means **** all
Ken_Kaneki
Gold Member
I didn’t read any of this but I scrolled all the way down just to say wtf 💀Skip to content
CAN I LEGALLY USE THE IMAGE OF A FAMOUS PERSON (WHO’S DEAD)?
24Mar 2022
- Home
- Lanham Act
- Can I Legally Use The Image of a Famous Person (Who’s Dead)?
Every so often, I’m asked by clients and prospective clients alike whether or not it’s permissible for them to use the name, image, or likeness (“NIL”) of a celebrity or famous person who now happens to be deceased. This question was asked of me the other day by clients who wanted to put the face of, oh, let’s just say, Che Guevara, on an article of clothing with some meme-worthy text. Delightful, right? I mean, what’s the big deal; he’s not going to complain, right?
The Right of Publicity
Unfortunately, while the famed Marxist revolutionary might not be around to complain, his estate or heirs likely are. There is a thing in the law known as a person’s right of publicity, which basically deals with one’s right to monetize or exploit their NIL and, yes, this right extends even to deceased individuals (or, more correctly, their estate). This right most typically comes up in the case of celebrities and famous individuals.
While not all of them do, several U.S. states have laws on the books protecting publicity rights of deceased individuals and reserving them to their estate and heirs (California’s being the most notable, for fairly obvious reasons). Therefore, you would have to figure out where the deceased person actually resided or was domiciled and look to see whether that state has such a law in place, as well as what it actually covers.
Isn’t There a First Amendment?
Even if the deceased celebrity was the resident of a state with a recognized right of publicity, all may not yet be lost. Many state’s right of publicity laws also have a carve-out under the First Amendment for expressive works that utilize the NIL of the deceased person in a “transformative” way. That is, the actual value of the thing being used or sold that includes the NIL comes from something separate or apart from the mere identity of the celebrity itself.
Unfortunately, while very cool looking, I had to break the news to the client that their proposed use was not likely to be found to be transformative, since the planned usage was pretty clearly using the NIL of the famous Argentinian as its primary selling point to buyers, as opposed to making any type of actual social commentary or engaging in critical discussion about the specific individual themselves as you might find in, say, a musical, or article, or biopic involving the person.
Lanham Act Concerns
Lastly, while there isn’t a specific right of publicity at the Federal level, there is nonetheless the possible risks of liability at the Federal level by way of The Lanham Act (41 U.S.C. § 1125); namely, claims for false advertising or advertising that could be considered misleading or deceptive. However, for various reasons that are outside of the scope of this article, a Lanham Act claim would be far less effective a route for an estate or heirs of the deceased person to come after you than, say, one of the state-level laws described above. However, in a situation where the deceased famous person or celebrity was a foreign national or domicile cannot be clearly established to fall under a particular state’s requirements, the filing of an action in Federal court might be worth exploring.
The Takeaway
In conclusion, without having some type of permission from the deceased person’s estate or whatever agency or firm manages the publicity rights of the dead celebrity, basically taking a famous person or celebrity’s NIL for your own commercial use is probably just asking for (legal) trouble. As I tried to explain to the client, I would first find out who exactly manages the rights to the NIL properties of the deceased subject and see if you can’t work out some form of non-exclusive, limited license with the rights’ holder.
Ben Bhandhusavee is the Managing Attorney for BHANDLAW, PLLC, a startup, technology, and e-commerce law practice advising founders and management teams on company startup, corporate and technology transactions, e-commerce, as well as Internet privacy concerns. The firm serves corporate and individual clients throughout Arizona, the United States, and internationally. Our offices are conveniently located along the Camelback corridor in Phoenix’s financial district. For more information about our Name, Image & Likeness practice, feel free to reach out using the contact form on the right or call us at (602) 222-5542 to schedule a meeting. Connect with Ben on LinkedIn or Avvo.
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g2xih
Active Member
I love how *commercial* use is in red
babydolla
Gold Member
the commercial gain in this case is clearlys; chat gold
makes sense, after all, all roads lead to rome
Ken_Kaneki
Gold Member
I know! I nearly fell off my chair.
Or as Joe Pesci said:
"Everything that guy just said is bullshit"
► Do not post anything belonging to anyone else without their permission (like their account pictures, photos they share in room etc )
► The name you choose in the room must be in accordance with the above rules. So does your personal account(pfp) avatar, and anything you post (such as gifs etc) Pictures/images containing nudity or overtly sexual pictures/acts are not allowed.
► Do not clone or pretend to be another user or moderator, Admin or site owner. This includes using symbols the of site staff -
Thread 'General Chat Room Rules'
https://forum.chat-avenue.com/threads/general-chat-room-rules.938553/ those are the rules stop bitçhing smh
► The name you choose in the room must be in accordance with the above rules. So does your personal account(pfp) avatar, and anything you post (such as gifs etc) Pictures/images containing nudity or overtly sexual pictures/acts are not allowed.
► Do not clone or pretend to be another user or moderator, Admin or site owner. This includes using symbols the of site staff -
Thread 'General Chat Room Rules'
https://forum.chat-avenue.com/threads/general-chat-room-rules.938553/ those are the rules stop bitçhing smh
babydolla
Gold Member
shut up akrta,
a photo of fuckin' marilyn monroe isn't at all what this rule is talkin' about
placement of words is important, especially when the subject is deceased
but if there is such a photo i'll accept it
In fairness, the rules quoted by Akrta don't say that. The rules Akrta quoted talk about using other room users' pics, so I'm not sure Akrta was saying that you were wrong.
yeah i think she was pointing out what the op was complaining about isn't against the rules
WHAT, thats you? I thought all this time you were using a pic of Fauci...
🤣 Girly you know that we both think the drawings are hilarious
I knew what she meant by that I know her well lol
D
Deleted member 263960
Guest
HI Trenton, not sure if you know- everyone who makes a thread, can ask it be closed (ended) whenever they want. 🙂
Trenton Mihm
Col. Jessup: Banned
who say I want it close.
D
Deleted member 263960
Guest
no what I was saying, if YOU think it should be closed anytime, It can be.
babydolla
Gold Member
How does one become a ban?
Trenton Mihm
Col. Jessup: Banned
The same way you do with users kick and ban the chat room.
You want the whole chat room banned?
Trenton Mihm
Col. Jessup: Banned
are you r**** you are Chat Room Administrator the same way.
Last edited by a moderator:
No, and I’m pretty sure that word isn’t allowed here. @H.R. PufnStuf will confirm though.
The same way as what? I’m confused
Trenton Mihm
Col. Jessup: Banned
I could see why this chat room is all mess up it is run by a person like you.
This isn’t a chat room and it’s not run by me.
If you mean General Chat, that’s run by H. R. PufnStuf
If you mean forums, this section is also run by H. R. It’s also overseen by Apollo and Ness_eb
Trenton Mihm
Col. Jessup: Banned
I am chatting about chat room.
Ok. What do you want to say about chat room?
Trenton Mihm
Col. Jessup: Banned
are you r***
Last edited by a moderator:
What does that have to do with anything?
You’re using very offensive terms. Go to your room and calm down
babydolla
Gold Member
excuse me, sir,
but does HR has 856 likes in the chat he so-calls-runs???
didnt think so, that basically means i run general chat 💁🏼♀️
Trenton Mihm
Col. Jessup: Banned
I guess r**** are coming in this thread now I think it is good close the chat because people are in charge are r******
Last edited by a moderator:
oh trust. one has been here since the thread started.
Ken_Kaneki
Gold Member
Trenton Mihm
Col. Jessup: Banned
You got it.
Trenton Mihm
Col. Jessup: Banned
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!
Article I, Section 8
Copyright has been a part of U.S. law since the nation’s founding. Congress passed the first federal copyright law in 1790 and has updated it throughout the years to keep up with the times.
Companies, organizations, and other people besides the work’s creator can also be copyright owners. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. The work made for hire doctrine also applies to certain independent contractor relationships, for certain types of commissioned works.
Copyright ownership can also come from contracts like assignments or from other types of transfers like wills and bequests.
Copyright is originality and fixation
Original Works
Works are original when they are independently created by a human author and have a minimal degree of creativity. Independent creation simply means that you create it yourself, without copying. The Supreme Court has said that, to be creative, a work must have a “spark” and “modicum” of creativity. There are some things, however, that are not creative, like: titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; and mere listings of ingredients or contents. And always keep in mind that copyright protects expression, and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.Fixed Works
A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.— United States Constitution
Article I, Section 8
Copyright has been a part of U.S. law since the nation’s founding. Congress passed the first federal copyright law in 1790 and has updated it throughout the years to keep up with the times.
Who is a copyright owner?
Everyone is a copyright owner. Once you create an original work and fix it, like taking a photograph, writing a poem or blog, or recording a new song, you are the author and the owner.Companies, organizations, and other people besides the work’s creator can also be copyright owners. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. The work made for hire doctrine also applies to certain independent contractor relationships, for certain types of commissioned works.
Copyright ownership can also come from contracts like assignments or from other types of transfers like wills and bequests.
Trenton Mihm
Col. Jessup: Banned
close.
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