Guidelines

Can celebrity names be copyrighted?

Can celebrity names be copyrighted?

Under U.S. trademark law the celebrity name must function as a trademark, and indicate the source of the goods or services. However, not only must the name act, as a source identifier, but it cannot cause a likelihood of confusion with another pending application or registered mark.

Is it illegal to use a celebrity’s name?

The right of publicity can be violated when a company uses a celebrity’s name or likeness for advertising purposes without their explicit permission. It is for this reason that all celebrities used in advertisements or endorsements sign consent or release agreements.

Is a celebrity name trademarked?

Indeed, not all celebrity names are trademarks. Although the name is associated with a person, that does not make it a trademark, even if that person is famous. The law requires that the person claiming a trademark over her name prove what is called secondary meaning.

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Can I use celebrity name on my website?

You cannot. The laws in this area are called Personality rights – Wikipedia and they require you to have permission to associate someone with a brand, organization, or cause in marketing or merchandising. Celebrities are public figures and as such their names are in the public domain.

Are celebrity faces copyrighted?

Celebrity’s faces, in and of themselves, are not a work of authorship and therefore not entitled to copyright protection. The damages would be limited to the damage to the original image (i.e. the photograph’s value itself, not the reputation of the celebrity in question).

Can I use a celebrity image on my website?

If an image is in the public domain, then it is free to use, but unless you have written permission to use an image of a celebrity in a commercial work, rather don’t. Even if you hire images from a site such as Getty Images or Shutterstock, the clause is usually “for editorial purposes only”.

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Can you use a celebrity’s name in your book?

It is acceptable and safe to mention a celebrity in your book in some circumstances. Just naming them is fine, for example. You may be tempted to use many other possibilities, like having them as a romantic character that is more likely to get you in trouble.

Can I trademark my name as an actor?

Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a trademark can help protect your name – and your work – from misuse and infringement.

Can I draw a celebrity and sell it?

You can sell a fine art painting of a celebrity as long as it is a transformative work of art. This means it needs to be artistic in nature, not just a faithful likeness. The painting cannot copy an existing work of art (including a photo), and cannot interfere with a celebrity’s “right of publicity”.

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Can I use pictures of celebrities on my blog?

Unless the celebrity gives you explicit permission, you can’t use them to promote your wares. Editorial use photos come with other restrictions as well. In most cases, you won’t be able to do major edits to the photo (no excessive cropping, resizing, retouching, etc.).