This use sounds a lot like the kind of use that in the U.S.
is
considered news reportage. There are doctrines within
copyright,
trademark, and right of publicity that try to protect
accurate,
illustrative uses, and this one-sentence description makes
it sound
pretty good. The image doesn't "take" more than
it needs to illustrate
what a sponsor is, by taking Tiger's back you reduce the
competition
with the commercial exploitation of his image, the use is
educational
and informative, and everything about the use is truthful.
Obviously in light of what I said last time, caution is
warranted,
lawyers should be consulted if you want to be sure, and a
lot depends on
what form that the publisher gives you to sign says. But I
think you
have less to worry about from Nike than from Tiger, and if
this is truly
the situation, you have comparatively little to worry about
from either.
James
Not speaking as a lawyer, and I really will get back to work
now.
Stefanie Calkins wrote:
> Thank you very much for the response. They want to use
the photo of
> Tiger as an explanation of what a sponsor is. (he has
his back to the
> camera in his black clothes, displaying Nike on the
back of his hat).
> This is where I was curious if not only do you need his
permissions, but
> when logos of such companies are displayed on clothing,
does this open
> yet another door for legal issues?
>
> */James Grimmelmann <james grimmelmann.net>/*
wrote:
>
> Stefanie Calkins wrote:
> > I took a photo recently of Tiger Woods. A book
publishing company
> would
> > like to use it in a children's encyclopedia.
Do I need to get his
> > permission to allow his photo to be used? Thx
>
> Eldrick "Tiger" Woods is fairly litigious
over his claims to control his
> right of publicity. See ETW Corp. v. Jireh, 332
F.3d 915 (6th Cir.
> 2003), in which the Sixth Circuit took forty-five
pages to dismiss his
> trademark, right of publicity, false advertising,
unfair competition,
> and deceptive trade practices claims against an
artist who sold copies
> of a painting of Woods.
>
> I don't have time at the moment to get to get into
the pros and cons of
> asking permission, but this seemed like a fairly
important data point
> for the discussion.
>
> James
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