It’s my understanding that publicity rights only apply to commercial use. That we have the right to control who makes money off our likeness. Which is a far cry from the way this is portrayed in the post.
Who was WALT CHENEY and why does he have a star on the Walk of Fame?
What exactly defines commercial use? Would it cover histories, biographies, documentaries, works of fiction?
Dammit, I should have the right to control the profits derived from the numbers that describe my height and weight. What is this, communist Russia!!!??!
The problem is much worse than the amicus makes it sound. It doesn’t just mean celebrities can veto their likeness; it means their lawyers can get busy every time they are portrayed. A celebrity might welcome some free publicity, and might even chuckle at a satire. But if there’s money to be made suing, the lawyers are going to get busy doing their job - even if the client isn’t aware.
And once the lawyers suing over this becomes noticeably profitable enough, sites that host amateur art such as DeviantArt will preemptively ban fan depictions of celebrities and their likenesses as characters they’ve played out of fear of major lawsuits.
“Current” players? So college football/basketball/etc athletes who have graduated and are no longer playing the game don’t qualify? When/if Carli Lloyd pursues a career outside soccer, does she become ineligible for payments from games based on her, or which utilize her personage and associated details?
Does the extent to which a person may or not be “celebrated” even belong in court? If the laws are not the same for everyone, they will be ignored - or worse.
If there is money transacted it would be commercial use.
Current players’ standard contracts cover videogame likeness rights. That wasn’t the case before the early to mid 90s.
What’s the litmus test for celebrity? I mean, I had, like, fifteen people look at a video I put up on YouTube once…
But did they celebrate you? That’s the crucial consideration.
I quote (From the comments):
Cool video, bro.
Case closed, I think.
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