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siteriver

posts: 8

Jun 01, 2009 9:22 AM ET    Quote  Report Abuse
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Actually this is not just a copyright case - this also falls into the legal category of  the "right of publicity" -  originally a prohibition against misappropriating a person`s "name or likeness."  This is a commercial right, not a civil right - and it even extends to the non-living.  The estates of Marylin Monroe and Elvis Presley still make substantial income on their likenesses.

This is not an absolute - there are of course exceptions and boundaries.  Which require lawyers to explore.

So no - selling a T-Shirt with Ms. Spears would probably invite legal action from her company.

As for the Seinfeld characters - you should probably simply contact the show`s publicity department.  There is a fine line between the actor`s rights to their image and the show`s right`s - which Paramount discovered when the actors portraying Norm and Cliff sued over robot likenesses.  But in other instances - for example Star Trek - fan productions have been tolerated as "fair use" as long as they make no attempt at a profit and do not directly use the image of actors from the show without permission and do no harm to the value of the intellectual property.

Oh, forget the concept of "fair use."  Fair use is a defense, not a license - which means it only has meaning in court.  If your using "fair use" in relation to your web site, you are probably already in the deep end of the pool - please review the Electronic Frontier Foundation link below.  As a web property, your content falls under the Digital Millennium Copyright Act (DMCA) and a simple letter to your ISP can get your site taken down faster than disk crash.

In the end, the old adage of "better to ask forgiveness than to ask permission" rarely applies in the world of intellectual property.

See: 

BONUS POINTS - do you know what rights StartUpNation claims over content you submit on this site?  ALWAYS review the terms of use on any web site which you contribute to.
siteriver6/1/2009 9:20 AM


-------------------------

Phillip Barnhart
Web Architect / Managing Partner
SiteRiver: Web Applications Intelligence

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patentandtrademark

posts: 1332

Jun 01, 2009 7:00 PM ET    Quote  Report Abuse
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Interesting question about the StartUpNation claims over content - and whether such claims would mean anything in court. 

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
patentandtrademark

posts: 1332

Jun 03, 2009 6:46 PM ET    Quote  Report Abuse
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here is a link to a seminar to learn more. 
 
 
Attorneys offer informed opinions, not guarantees.


-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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