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Usage of the US President's likeness without his consent


Copyright issues regarding an individual's likeness and name for a toyUsage of a gun's designLiabilities without explicit consent in contractsHow could Congress legally abolish the death penalty in all states?Can U.S. states form or join new unions?Can I face swap for a video I shot where an individual doesn't consent to using their likeness?No probable cause found in NJ for citizen complaint of official misconduct by chairman of Port Authority. Judge ruled complainant has no standingWhat crime is killing a foetus without the mother's consent?Legality of online publishing of public records containing home addresses of large #'s of people?Is the term “race” defined by Public Law enacted by Congress of the United StatesPartial usage of third-party content in a mobile application













5















According to this question, depending on the jurisdiction, individuals have certain "personality rights" over the use of their name and likeness.



I know that, in the US, these can vary from state to state, and that public figures generally lose some of these rights when their name/likeness becomes famous. But I still believe that commercial use of a public figure (e.g. making a toy, selling a shirt, etc) without their permission would violate those rights.



Are these rights (again, in the US specifically) affected when an individual becomes a government official, particularly a federal government official? I'm vaguely aware of the idea that the federal government doesn't have the same intellectual property rights as private citizens, but I have no idea if this affects individuals.



(The motivation for this question is this image which is slightly NSFW but I assume it would apply regardless of the specific usage of the president's likeness.)










share|improve this question


























    5















    According to this question, depending on the jurisdiction, individuals have certain "personality rights" over the use of their name and likeness.



    I know that, in the US, these can vary from state to state, and that public figures generally lose some of these rights when their name/likeness becomes famous. But I still believe that commercial use of a public figure (e.g. making a toy, selling a shirt, etc) without their permission would violate those rights.



    Are these rights (again, in the US specifically) affected when an individual becomes a government official, particularly a federal government official? I'm vaguely aware of the idea that the federal government doesn't have the same intellectual property rights as private citizens, but I have no idea if this affects individuals.



    (The motivation for this question is this image which is slightly NSFW but I assume it would apply regardless of the specific usage of the president's likeness.)










    share|improve this question
























      5












      5








      5








      According to this question, depending on the jurisdiction, individuals have certain "personality rights" over the use of their name and likeness.



      I know that, in the US, these can vary from state to state, and that public figures generally lose some of these rights when their name/likeness becomes famous. But I still believe that commercial use of a public figure (e.g. making a toy, selling a shirt, etc) without their permission would violate those rights.



      Are these rights (again, in the US specifically) affected when an individual becomes a government official, particularly a federal government official? I'm vaguely aware of the idea that the federal government doesn't have the same intellectual property rights as private citizens, but I have no idea if this affects individuals.



      (The motivation for this question is this image which is slightly NSFW but I assume it would apply regardless of the specific usage of the president's likeness.)










      share|improve this question














      According to this question, depending on the jurisdiction, individuals have certain "personality rights" over the use of their name and likeness.



      I know that, in the US, these can vary from state to state, and that public figures generally lose some of these rights when their name/likeness becomes famous. But I still believe that commercial use of a public figure (e.g. making a toy, selling a shirt, etc) without their permission would violate those rights.



      Are these rights (again, in the US specifically) affected when an individual becomes a government official, particularly a federal government official? I'm vaguely aware of the idea that the federal government doesn't have the same intellectual property rights as private citizens, but I have no idea if this affects individuals.



      (The motivation for this question is this image which is slightly NSFW but I assume it would apply regardless of the specific usage of the president's likeness.)







      united-states intellectual-property






      share|improve this question













      share|improve this question











      share|improve this question




      share|improve this question










      asked Nov 19 '17 at 17:08









      KutuluMikeKutuluMike

      1405




      1405




















          2 Answers
          2






          active

          oldest

          votes


















          2














          One does not lose legal rights by becoming a government official, so POTUS retains the right to sue for defamation, hold copyright, sue for trespass or breach of contract, and so on. The standards for defamation change when one becomes a "public figure" (you have to show "actual malice"), but this is much broader than being a government official. Anything that is a "work of the US government" is not protected by copyright, so presidential decrees, as government works, are not protected by copyright.



          I do not know of any state where one legally loses publicity rights as a function of being famous, or being an elected official. California Civil Code §3344 spells out the right of publicity in that state, which says that anyone who




          knowingly uses another's name, voice, signature, photograph, or
          likeness, in any manner, on or in products, merchandise, or goods, or
          for purposes of advertising or selling, or soliciting purchases of,
          products, merchandise, goods or services, without such person's prior
          consent




          can get sued. However, there is a "fair use" escape clause:




          For purposes of this section, a use of a name, voice, signature,
          photograph, or likeness in connection with any news, public affairs,
          or sports broadcast or account, or any political campaign, shall not
          constitute a use for which consent is required under subdivision (a).




          The law doesn't say exactly what constitutes a "political campaign" or "public affairs broadcast or account", but since politicians get caricatured in the papers all the time, with no requirement for consent, it is highly likely that the use you point to would be found to be part of a "political campaign" or "public affairs account".



          Additionally, under the First Amendment, you can criticize a government official, and that right is not limited to just critical words. It is obvious that the things on sale are basically criticism of POTUS, and you can't use the law to suppress such criticism. Accordingly, one could also criticize Tom Cruise (not a government official) using his likeness on such an object. However, one cannot exploit his image to sell perfume.






          share|improve this answer


















          • 1





            The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

            – Dale M
            Nov 19 '17 at 21:42



















          0














          What if I made and sold a toy that poked fun at a politician? What if by doing so I was criticizing the politician but also making money at the same time?






          share|improve this answer








          New contributor




          Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
          Check out our Code of Conduct.




















            Your Answer








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            2 Answers
            2






            active

            oldest

            votes








            2 Answers
            2






            active

            oldest

            votes









            active

            oldest

            votes






            active

            oldest

            votes









            2














            One does not lose legal rights by becoming a government official, so POTUS retains the right to sue for defamation, hold copyright, sue for trespass or breach of contract, and so on. The standards for defamation change when one becomes a "public figure" (you have to show "actual malice"), but this is much broader than being a government official. Anything that is a "work of the US government" is not protected by copyright, so presidential decrees, as government works, are not protected by copyright.



            I do not know of any state where one legally loses publicity rights as a function of being famous, or being an elected official. California Civil Code §3344 spells out the right of publicity in that state, which says that anyone who




            knowingly uses another's name, voice, signature, photograph, or
            likeness, in any manner, on or in products, merchandise, or goods, or
            for purposes of advertising or selling, or soliciting purchases of,
            products, merchandise, goods or services, without such person's prior
            consent




            can get sued. However, there is a "fair use" escape clause:




            For purposes of this section, a use of a name, voice, signature,
            photograph, or likeness in connection with any news, public affairs,
            or sports broadcast or account, or any political campaign, shall not
            constitute a use for which consent is required under subdivision (a).




            The law doesn't say exactly what constitutes a "political campaign" or "public affairs broadcast or account", but since politicians get caricatured in the papers all the time, with no requirement for consent, it is highly likely that the use you point to would be found to be part of a "political campaign" or "public affairs account".



            Additionally, under the First Amendment, you can criticize a government official, and that right is not limited to just critical words. It is obvious that the things on sale are basically criticism of POTUS, and you can't use the law to suppress such criticism. Accordingly, one could also criticize Tom Cruise (not a government official) using his likeness on such an object. However, one cannot exploit his image to sell perfume.






            share|improve this answer


















            • 1





              The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

              – Dale M
              Nov 19 '17 at 21:42
















            2














            One does not lose legal rights by becoming a government official, so POTUS retains the right to sue for defamation, hold copyright, sue for trespass or breach of contract, and so on. The standards for defamation change when one becomes a "public figure" (you have to show "actual malice"), but this is much broader than being a government official. Anything that is a "work of the US government" is not protected by copyright, so presidential decrees, as government works, are not protected by copyright.



            I do not know of any state where one legally loses publicity rights as a function of being famous, or being an elected official. California Civil Code §3344 spells out the right of publicity in that state, which says that anyone who




            knowingly uses another's name, voice, signature, photograph, or
            likeness, in any manner, on or in products, merchandise, or goods, or
            for purposes of advertising or selling, or soliciting purchases of,
            products, merchandise, goods or services, without such person's prior
            consent




            can get sued. However, there is a "fair use" escape clause:




            For purposes of this section, a use of a name, voice, signature,
            photograph, or likeness in connection with any news, public affairs,
            or sports broadcast or account, or any political campaign, shall not
            constitute a use for which consent is required under subdivision (a).




            The law doesn't say exactly what constitutes a "political campaign" or "public affairs broadcast or account", but since politicians get caricatured in the papers all the time, with no requirement for consent, it is highly likely that the use you point to would be found to be part of a "political campaign" or "public affairs account".



            Additionally, under the First Amendment, you can criticize a government official, and that right is not limited to just critical words. It is obvious that the things on sale are basically criticism of POTUS, and you can't use the law to suppress such criticism. Accordingly, one could also criticize Tom Cruise (not a government official) using his likeness on such an object. However, one cannot exploit his image to sell perfume.






            share|improve this answer


















            • 1





              The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

              – Dale M
              Nov 19 '17 at 21:42














            2












            2








            2







            One does not lose legal rights by becoming a government official, so POTUS retains the right to sue for defamation, hold copyright, sue for trespass or breach of contract, and so on. The standards for defamation change when one becomes a "public figure" (you have to show "actual malice"), but this is much broader than being a government official. Anything that is a "work of the US government" is not protected by copyright, so presidential decrees, as government works, are not protected by copyright.



            I do not know of any state where one legally loses publicity rights as a function of being famous, or being an elected official. California Civil Code §3344 spells out the right of publicity in that state, which says that anyone who




            knowingly uses another's name, voice, signature, photograph, or
            likeness, in any manner, on or in products, merchandise, or goods, or
            for purposes of advertising or selling, or soliciting purchases of,
            products, merchandise, goods or services, without such person's prior
            consent




            can get sued. However, there is a "fair use" escape clause:




            For purposes of this section, a use of a name, voice, signature,
            photograph, or likeness in connection with any news, public affairs,
            or sports broadcast or account, or any political campaign, shall not
            constitute a use for which consent is required under subdivision (a).




            The law doesn't say exactly what constitutes a "political campaign" or "public affairs broadcast or account", but since politicians get caricatured in the papers all the time, with no requirement for consent, it is highly likely that the use you point to would be found to be part of a "political campaign" or "public affairs account".



            Additionally, under the First Amendment, you can criticize a government official, and that right is not limited to just critical words. It is obvious that the things on sale are basically criticism of POTUS, and you can't use the law to suppress such criticism. Accordingly, one could also criticize Tom Cruise (not a government official) using his likeness on such an object. However, one cannot exploit his image to sell perfume.






            share|improve this answer













            One does not lose legal rights by becoming a government official, so POTUS retains the right to sue for defamation, hold copyright, sue for trespass or breach of contract, and so on. The standards for defamation change when one becomes a "public figure" (you have to show "actual malice"), but this is much broader than being a government official. Anything that is a "work of the US government" is not protected by copyright, so presidential decrees, as government works, are not protected by copyright.



            I do not know of any state where one legally loses publicity rights as a function of being famous, or being an elected official. California Civil Code §3344 spells out the right of publicity in that state, which says that anyone who




            knowingly uses another's name, voice, signature, photograph, or
            likeness, in any manner, on or in products, merchandise, or goods, or
            for purposes of advertising or selling, or soliciting purchases of,
            products, merchandise, goods or services, without such person's prior
            consent




            can get sued. However, there is a "fair use" escape clause:




            For purposes of this section, a use of a name, voice, signature,
            photograph, or likeness in connection with any news, public affairs,
            or sports broadcast or account, or any political campaign, shall not
            constitute a use for which consent is required under subdivision (a).




            The law doesn't say exactly what constitutes a "political campaign" or "public affairs broadcast or account", but since politicians get caricatured in the papers all the time, with no requirement for consent, it is highly likely that the use you point to would be found to be part of a "political campaign" or "public affairs account".



            Additionally, under the First Amendment, you can criticize a government official, and that right is not limited to just critical words. It is obvious that the things on sale are basically criticism of POTUS, and you can't use the law to suppress such criticism. Accordingly, one could also criticize Tom Cruise (not a government official) using his likeness on such an object. However, one cannot exploit his image to sell perfume.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered Nov 19 '17 at 21:28









            user6726user6726

            63k457113




            63k457113







            • 1





              The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

              – Dale M
              Nov 19 '17 at 21:42













            • 1





              The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

              – Dale M
              Nov 19 '17 at 21:42








            1




            1





            The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

            – Dale M
            Nov 19 '17 at 21:42






            The last paragraph implies that the First Amendment prohibits suppression generally - it only prohibits it by the government. POTUS in a private capacity (or Tom Cruise) can attempt to have such products removed without the first amendment being relevant - except as to argument about if POTUS was acting privately.

            – Dale M
            Nov 19 '17 at 21:42












            0














            What if I made and sold a toy that poked fun at a politician? What if by doing so I was criticizing the politician but also making money at the same time?






            share|improve this answer








            New contributor




            Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.
























              0














              What if I made and sold a toy that poked fun at a politician? What if by doing so I was criticizing the politician but also making money at the same time?






              share|improve this answer








              New contributor




              Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
              Check out our Code of Conduct.






















                0












                0








                0







                What if I made and sold a toy that poked fun at a politician? What if by doing so I was criticizing the politician but also making money at the same time?






                share|improve this answer








                New contributor




                Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.










                What if I made and sold a toy that poked fun at a politician? What if by doing so I was criticizing the politician but also making money at the same time?







                share|improve this answer








                New contributor




                Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.









                share|improve this answer



                share|improve this answer






                New contributor




                Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.









                answered 16 mins ago









                Christopher MulvihillChristopher Mulvihill

                1




                1




                New contributor




                Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.





                New contributor





                Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.






                Christopher Mulvihill is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.



























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