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- Path: sparky!uunet!pipex!bnr.co.uk!uknet!bcc.ac.uk!link-1.ts.bcc.ac.uk!uctlxpd
- From: uctlxpd@ucl.ac.uk (Peter Bartlett)
- Newsgroups: misc.legal
- Subject: Re: Copyright of personal likeness?
- Message-ID: <1992Dec30.141726.9251@bas-a.bcc.ac.uk>
- Date: 30 Dec 92 14:17:26 GMT
- References: <1992Dec27.153503.20181@magnus.acs.ohio-state.edu> <3fhX029R30DK01@JUTS.ccc.amdahl.com>
- Organization: Bloomsbury Computing Consortium
- Lines: 30
-
- tjc50@juts.ccc.amdahl.com (Terry Carroll) writes:
-
- >In article <1992Dec27.153503.20181@magnus.acs.ohio-state.edu>,
- >ddaye@magnus.acs.ohio-state.edu (David C Daye) writes:
- >> I'm curious about a person's rights to his/her likeness. Do ordinary
- >> citizens have any, to the extent that permission to publish a photo
- >> of them is ever required?
-
- >Generally copyright isn't a source of such protection. There is a "right of
- >puiblicity" that might be being violated, but I don't know the elements of
- >that, so I'll refrain from attempting an answer in favor of someone who does.
-
- Terry is right; the issue isn't copyright. There is some protection offered,
- however. It is usually invoked by celebrities whose voices or "images"
- are mimiced in advertisements. Thus there was a case (I think) where
- Carol Channing sued a jeweller for using a Channing impersonation
- to sell diamonds (Channing herself had been offered the contract, but
- had turned it down, I believe), and she won. Bette Midler has also
- been involved in this sort of litigation, I believe. I have always
- assumed these actions to be based in law on the tort of passing off,
- but I may be quite wrong-- I haven't actually had occasion to read them.
-
- More interesting for David's question will be the outcome of a French
- case involving the poster from the 1940's of a Paris couple kissing,
- by that French photographer whose name begins with D-- (Delveaux, maybe?).
- The couple has sued under French law for a piece of the action. There
- was an article on this in the Guardian (UK newspaper) in the last month
- or so, if David or anyone else is interested.
-
- peter.
-