mercredi 1 février 2017

Legalities of Presidential name, likeness, etc.

This is in EBF in (vain) hope of less bickering.

It seems as though it has been customary to allow for broad use of public officials' name, likeness, or other typically naturally assumed 'rights of publicity'. For instance I theoretically can't so much as show the face of a person I don't have a waiver for on a video media publication (in terms of a 'product' I am distributing, monetary gain or not). If it's more a documentary video of things taking place in public, there's fair use and expectation of privacy factors, but putting that aside.

Politicians tend not to be able to enforce this as much since there must be allowance for the public to make commentary on those public figures as political speech. This means there is allowance for the use of their name, image, audio of their statements, performances or impressions for dramatization or satire, and more.

How does this square with "Trump" as a marketable, branded asset of the type that people previously have had to pay to put on buildings, clothing, etc?

I would appreciate anyone who can give me an overview on it or point me towards some resources, as I'm not entirely familiar with precedents here. I'm about to dive into some issues that Schwarzenegger had when we was the Governator of Kalaforneea, but that's the only lead I have at the moment.

Much appreciated for any help!


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