| J. Dianne Brinson is a copyright attorney specializing in intellectual property. She is co-author of The Multimedia Law and Business Handbook ($44.95 plus $7 p&h), and author of INTERNET LEGAL FORMS FOR BUSINESS ($24.95 plus $5 p&h). LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at LaderaPres@aol.com; Web: www.laderapress.com. Her Web site includes a free primer on intellectual property law. |
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RIGHT OF PUBLICITY Question: Is it okay to use photos and video and sound clips of television or movie characters (real or animated) on my Web site? Answer: Using such material without permission could be a violation of copyright, and, in the case of real characters, the right of publicity. Photos are protected by copyright, and the shows/movies from which you would obtain video and sound clips are also protected by copyright. Fictional and animated characters are also protected by copyright. If you post photos or clips without permission, you are exercising the copyright owner's reproduction and display rights. As for real characters, in many states, using an individual's image for commercial purposes without permission violates that individual's right of publicity. In addition, the rules of entertainment industry performers' unions (SAG and AFTRA) give a union member the right to control the use of his or her image when a film clip is being used for purposes other than promotion of the film. |
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