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Tag: right of publicity

  • President Obama on Billboard – Why It’s Not Legal

    At the White House’s request, the Weatherproof Garment Company has agreed to remove the Times Square billboard showing President Obama wearing a coat manufactured by the company. The picture of President Obama was taken during his November trip to the Great Wall of China. You can see the controversial billboard here.

    When Are Images of Public Figures Okay?

    It is permissible to use a public figure or celebrity’s image in an editorial context. That’s why we see images of public figures and celebrities in the news. It’s also permissible to use images of famous people in other non-commercial contexts. For example, artist Rick Rush’s limited edition print, The Masters of Augusta, featuring Tiger Woods historical victory at the 1997 Masters Tournament is a use of Tiger Woods’ image that is legal and is protected by the First Amendment – even though Tiger Woods did not consent to the depiction.

    When Are Images of Public Figures Not Okay?

    In contrast, using the image of a public figure or celebrity in an advertisement without consent is a violation of the person’s right of publicity. The right of publicity allows each individual to control and profit from the commercial value of his or her own identity. In my mind, the Weatherproof Garment ad is clearly commercial. Lucky for the Weatherproof Garment Company that President Obama is quite busy at the moment and has little free time to initiate a lawsuit.

    My Personal Query about Times Square BillBoards

    What is the deal with these Times Square billboards anyway? They seem to be a magnet for infringing advertisements. See my previous blog postings about the Naked Cowboy M&M billboard at Times Square and the Woody Allen American Apparel billboard (perhaps not right in Times Square but definitely in NYC).

  • Master of Ceremonies

    A Guide Through the
    Legal Jungle Trivia Question

    Which famous professional athlete sued unsuccessfully for
    the reproduction of his/her image in a collage featuring past winners of a
    prestigious sporting event?

    1. Michael Jordan
    2. Barry Bonds
    3. Tiger Woods
    4. Mary Lou Retton
    5. Joe Montana

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  • Duplicating and Selling Celebrity Images

    A Guide Through the Legal Jungle Trivia Question


    Leslie is an amazing sketch artist and avid Tom Cruise fan. She specializes in charcoal drawings, and
    recently drew an impressively realistic image of Tom Cruise’s face. The sketch is so precise that some even mistook it for a black and white photograph! To show what a fan she is, she copied the image of Tom Cruise onto a t-shirt for herself. She got many compliments on her t-shirt—so many that she decided to make t-shirts in bulk with the sketch printed on it. She sold over 1,000 t-shirts! Does Tom Cruise have a claim against Leslie?


    1. No, Leslie is an artist and has a right to profit from her art.


    2. No, Tom Cruise is a celebrity, and people have a First Amendment right to comment on celebrities through art and profit from their labor.


    3. Yes, Leslie used Tom Cruise’s likeness for her personal profit without his permission.

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  • The Case of the Naked Cowboy


    If you’ve ever strolled through New York Times Square, you may have encountered Robert Burck, better known as the Naked Cowboy. The Naked Cowboy is a street performer who sings while accompanying himself on a white guitar. He’s called the Naked Cowboy because of his attention-getting costume. He wears a white cowboy hat, white cowboy boots, white briefs, and nothing else. You can view a video clip of the Naked Cowboy’s act here.


    In April 2007, the company that manufactures M&M candy began running an animated cartoon
    advertisement on two oversized billboards located in the middle of Times Square. The animated cartoon features a blue M&M wearing a white cowboy hat, white cowboy boots, white underwear and playing a white guitar. Burck filed a lawsuit against the candy maker alleging that M&M has falsely implied that Burck endorses the product and that M&M has violated his right of publicity.

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