I used to work for Dish Network but was not allowed to post

Discussion in 'General DISH™ Discussion' started by exdishmpg2guy, Aug 3, 2006.

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  1. BarryO

    BarryO Legend

    Dec 16, 2003
    My "day job" requires me dealing with lawyers perhaps a bit more than I'd like, but what are "publicity rights"?

    I've never heard the term before.
  2. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

    Apr 17, 2003
    Have you tried Google?
    Here's a Google hit: http://www.allworth.com/Articles/article10.htm
    You cannot use anyone's image for purposes of advertising or trade (such as using the image on tee shirts) without their permission (which you should always get in writing, as a number of states require in any event). A public figure loses his or her right of privacy with respect to newsworthy information, but not with respect to advertising or trade uses. In fact, a famous person gains what is called the right of publicity which is the right to profit from the exploitation of his or her name or image for purposes of advertising or trade.

    Although celebrities are public figures, you are violating their right of publicity if you use their image for purposes of advertising or trade without their permission. Unless your art-worthy or illustrates a newsworthy article, it will simply be a commercial use and grounds for a lawsuit.
    This is written based on a question about making and selling T-Shirts but introduces the concept.

    Not sure how that would apply here (other than users avatars and possibly a user name, if one were to infringe) since we don't allow commercial posts the "publicity rights" would not be tied to a commercial effort. I suppose if someone claimed to be a celebrity or used a celebrity's photo as an avatar or name as a username it could be pulled as a violation of his "publicity rights" (the right to control the use of his image). Not knowing every celebrity I would rely on a complaint and the council of other moderators before pulling most images/names.
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