"Likeness"

[Richard1989]

Hi,

I believe this may be the right place to post this as i believe it may come under legal?

What are the rules (if any) about selling a product with someones face on it? For example if we wanted to sell a product with your (the readers) face on it, i am assuming we have to get your permission, however what if it was say a cartoon drawing of you instead - which you could tell by the likeness that it was 'supposed' to be you, but its not ACTUALLY you?

Does that make sense?

Richard

 

[tsubibo]

As I understand it. the person who you have created the caricature of can take you to court. He can even win if he can prove that it is him that tou have copied. Like the gta v abd lindsay lohan case.

 

[Vectis]

If you're putting someone's face on a product you're implying that they endorse the product and that's where you'd run into trouble.

There's no harm in simply producing a cartoon of someone (otherwise there would be no political cartoons, for instance) on its own. But, personally, I'd stay away from religious figures in cartoons.

 

[The Byre]

You need to read-up on 'image rights' - which do not exist specifically in the UK, though the individual does have other means to protect themselves from being thus exploited. You also need to read-up on 'passing off' which in the UK is the issue involved, when implying that a depicted person endorses your product.

The up-shot of the various legal issues involved is that you need permission.

 

[LowPrices.uk]

A good rule of thumb is that if you hope to make money by using someone's image / photo / likeness, then you need to have a commercial agreement with that person, i.e. you are going to have to get their agreement to it and pay them, otherwise you are just infringing their intellectual property.

 

[Richard1989]

Thanks all for the replies - at least i now have a starting point on which to expand!

What if there were a disclaimer on the product if we have a caricature with the disclaimer saying something along the lines of "This caricature is a lookalike and does not actually represent or is not endorsed by [Name]"? (Again i will need to do more research but its hard to search around for an exact phrasing of what im trying to ask..)

 

[paulears]

That doesn't work because it actually proves you know there is an obvious likeness, which once discovered, should have been changed. Like the recent case where the judge decided that removing a copyright watermark made the process 'blatant' - as in they knew the problem and deliberately did it!

 

[tsubibo]

I agree with paul. In your case, denying that your pic is not of that person is actually fortifying you know that he looks like that person.

 

[The Byre]

- at least i now have a starting point on which to expand!

Your starting point is that if it is Mrs Millie Tooley of 16, Larkspur Close, Wapping, you could possibly use her image. If it is a famous person and also a brand (e.g. Nicki Minaj) then you have a problem, because as it states in all the holy books, thou shalt not make images of Her Minajesty in vain.

That, and Universal Music/Vivendi will sue you for passing off!

 

[Riverbed]

Makes sense