Celebrity copyright

using their image and likeness (not pictures) on websites

[Entelekhia]

I had website that has a flash-game (very decent)which has a celebrity in it. I won't say her name. I have also ads on that page.

Now, I got a letter from her agent asking me to remove that flash-game or legal actions will take place.

I put her name to google and there are thousands of websites that use her public image and even photos to make business. Some of them are celebritynudes-type of websites that ask money by registering visitors.

Why do those websites stay online and my harmless little game was so bad that it had to be removed?

[nutsandbolts]

Letter from her agent? Means nothing. I would wait until you get a letter from her lawyer ;)

[Entelekhia]

actually now that I read it through again, it is from a guy working in business and legal affairs department in corporation that is her agent, "proprietors of certain trademark rights, the right of association and sponsorship and right of publicity in and to her name, image and likeness"

[photocartoonist]

Is the use a parody? In most situations, it is always best to get permission. But if the use makes fun of someone/something then it is highly unlikely you will be given permission. This is why parody is protected by the fair use statute.

Now of course you must be willing to defend this. And legal advice and representation is expensive. You can consult the Electronic Frontier Foundation who represented JibJab in their fight.

If your use is NOT parody, then I believe it is wise to take heed. Consult your attorney or take it down.

[Entelekhia]

No the website doesn't include parody at all. I don't want to reveal the concept, but it's a flash-game directed to little kids and it's totally harmless.

What about fansites? I we promoted celebrities' websites, dvd:s and records, would that make an exception. Then we would be giving them free advertisement. We ARE giving them good PR already.