Legal question

Drop by and say hello if you're new to our boards and check out what we've been up to. [Public]

Moderator: BatMonk

Legal question

Postby Loraly » Thu Jan 22, 2009 11:50 am

Does Obama get paid royalties on all of the memorabilia being sold?

I was just debating this with some friends that don't think he does and I think he does.
User avatar
Loraly
 
Posts: 289
Joined: Mon Aug 20, 2007 12:26 am
Location: PA

Re: Legal question

Postby taurii » Thu Jan 22, 2009 11:56 am

im not a lawyer yet so i wouldnt really know but im pretty sure that his pictures are out there for the world to see so on things like the commemorative plate and crap no royalties would be generated because it was a picture that was already out there for general public use although one could argue that the person who took the picture should get royalties as it was their work... just my two cents /shrugs

Taurii
User avatar
taurii
 
Posts: 218
Joined: Tue Apr 29, 2008 1:23 am

Re: Legal question

Postby Leiph » Thu Jan 22, 2009 5:11 pm

As a technical matter, he should be getting royalties, or, more precisely, the products shouldn't be sold without his express permission. As a practical matter, he won't be, and they are.

Notwithstanding that he's a public figure, you aren't allowed to use someone else's intellectual property, which includes their name and likeness, for your own commercial enterprise or profit without their permission. You can look to many of the other celebrity cases, where a product sponsor tries to use their image or name (or song or trademarked phrase, etc.) to endorse their products, without authorization. Many celebrities are diligent about suing to enforce ownership of their intellectual property (and their ability to get license fees) - many don't care.

Of course, permission would not be required if his name or image is simply being used as part of political or non-commercial speech.

The following article touches briefly on those topics.

http://www.post-gazette.com/pg/09020/943049-84.stm
Image
User avatar
Leiph
 
Posts: 4883
Joined: Thu Feb 02, 2006 12:10 pm

Re: Legal question

Postby taurii » Thu Jan 22, 2009 8:39 pm

interesting leiph=) i would have thought a little differently=) seems like itd be a pita to go through the effort to get the money tho...

taurii
User avatar
taurii
 
Posts: 218
Joined: Tue Apr 29, 2008 1:23 am


Return to General Discussion

Who is online

Users browsing this forum: No registered users and 1 guest

cron