Photoshopped Celebrity Endorsements illegal?

Discussion in 'Legal Issues' started by thefunstarts, Apr 30, 2014.

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  1. #1
    Lets say you have a photoshopped image of a celebrity holding a sign which endorses your website/business etc, and I go ahead and share that photo online. Is this illegal? I know there are rules regarding photoshopping celebrities which allow nudes, but how does this apply for promotion?
     
    thefunstarts, Apr 30, 2014 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    Yes, in the United States is would be against the law to fake a celebrity endorsement of your business.
     
    browntwn, Apr 30, 2014 IP
  3. dcristo

    dcristo Illustrious Member

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    #3
    Is this a serious question? The answer should be obvious.
     
    dcristo, Apr 30, 2014 IP
  4. Agent000

    Agent000 Prominent Member

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    #4
    The original image of the celebrity that you are using belongs to somebody, so of course to use it is a breach of copyright law!
     
    Agent000, May 1, 2014 IP
  5. dcristo

    dcristo Illustrious Member

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    #5
    I'd imagine the issues extend beyond breach of copyright. These celebrities have not been paid to endorse the products. It's deceptive advertising, which I am sure would violate federal and state laws against fraud.
    Disclaimer: I am not a lawyer. This is not legal advice.
     
    dcristo, May 1, 2014 IP
  6. lucardk

    lucardk Greenhorn Affiliate Manager

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    #6
    lucardk, May 1, 2014 IP
  7. thefunstarts

    thefunstarts Active Member

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    #7
    Thanks for the answer. Was just curious since I saw services offering this, and wasn't sure of the legality of it.
     
    thefunstarts, May 2, 2014 IP
  8. Gary Solomon

    Gary Solomon Greenhorn

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    #8
    If you are using a photograph (or a drawing by someone else) without
    permission, you risk violating copyright law. (A work is in the
    public domain if it was first PUBLISHED before 1923, or if it was
    first PUBLISHED between 1923 and 1964 and the copyright was not
    renewed, unless the rights holder was not from the U.S.) In other
    words, unless the person who created the image has given permission
    (perhaps by making a voluntary announcement that the work was being
    dedicated to the public domain--and this is VERY rare), the image is
    protected by copyright. If your infringing activities generate income
    over a certain level for a certain period of time (e.g., $1,000 in six
    months--unless the numbers have changed), criminal penalties can
    apply.

    The relevant area of law is called "rights of publicity." This is
    governed by state law. Most states have some degree of protection of
    an individual's rights of publicity. The longest term of protection
    seems to be 100 years from the time of the person's death. You need
    to think not only about the law in your state but the law in any state
    where you are doing the endorsement w/ the celebrity's image.

    In short, I would be very, very careful--and I would consult an
    attorney who understands "rights of publicity" law.
     
    Gary Solomon, May 3, 2014 IP