Celebrity Likeness

tinnedtuna · June 13, 2011, 3:21am

Hello, I tried a google search but got alot of legal speak. So just wondering if anyone on here knew.

I am wondering can you use a celebrity likeness and not get in trouble. It wouldn’t be rude or mocking of the celeb but using them in a positive light.

Example:
Say I have a football game and at the end of each match a cartoon David Beckham look a like character pops up called “David Peckham” and tells you well done for winning the match.

Would you get in legal trouble for this?
Would a south park “All characters are ficitious and not based on any real life person” be ok?

Bit of a strange question but thought I’d ask. [import]uid: 38562 topic_id: 11162 reply_id: 311162[/import]

chinmay.patil · June 13, 2011, 4:15am

There are lot of legalities involved in such matter and usually quite trouble some for indie devs if the lawyers of the celebrity in question decide to take a strike at you… in the end, best advice you can get is consult a lawyer on your end first. Maybe a friend or acquaintance. [import]uid: 48521 topic_id: 11162 reply_id: 40488[/import]

peach_pellen · June 13, 2011, 4:39am

As Chinmay said you really need to ask a lawyer to be totally safe; there are often ways to use a likeness of a public figure in parody and be safe but you’d want solid, legal advice on that before pursuing anything.

Peach [import]uid: 52491 topic_id: 11162 reply_id: 40495[/import]

cl-apps · June 13, 2011, 4:48am

I personally wouldn’t use cartoon versions of well know celebrities as your basically making money off the back of some recognisable figure. Which I’m sure if you do well off it you would eventually receive a strongly worded letter and told to write a blank cheque.

What you could do is actually write personally to each celebrity and ask their permission first and if they agree then your fine
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tinnedtuna · June 13, 2011, 6:41am

Thanks for the advice.

I think I’ll stay clear as the ‘celeb’ in question would only be known in the UK anyway and I think now it’s better just to stay safe and avoid any problems

[import]uid: 38562 topic_id: 11162 reply_id: 40522[/import]

traustitj · June 13, 2011, 8:19am

Just by keeping the real very unreal, you are allowed to spoof celebrities.

I don’t know if this game is done in corona, but it could very well be done in corona.

http://itunes.apple.com/no/app/celebrity-bodyguard/id425675558?mt=8

This game in my opinion does it quite well, you know why the celebs are but you can’t say the game is taking advantage of them or getting free publicity because of them and they don’t look like the celebs approved this.

Apple also has guidelines regarding this, for example you can not make games where you kill politicians or real people and you cant be to realistic either, no apps just to do negative things, like throw pies on the president or worse. [import]uid: 61610 topic_id: 11162 reply_id: 40538[/import]

Stephen_Lewis · June 13, 2011, 12:39pm

In the U.S. parody is protected free speech. But the legal definition of parody (I believe) requires some form of critical “commentary”. Without that the celebrity could claim you were making money off their backs and sue you for payment for use of their likeness. So, you might actually be safer legally if you were poking fun and/or criticizing the celebrity rather than treating them gently. Better yet, get permission. I believe Weird Al gets permission from all the celebrities whose songs and personas he impersonates/parodies, even though he’s probably legally allowed to do what he does without permission.

I don’t think the U.K. protects parody as free speech at all, so it would be riskier to try something like that if you live there. Recently lady Gaga sued a London company making ice cream from human breast milk(!) called “Baby Gaga”. That seems like a stretch to me, but I guess the lesson is if your app (or ice cream flavor) becomes a news item and/or is making a lot of money prepare your legal defense!

Practically, I bet not too many celebrities would bother to sue an indy developer over an app unless it’s making a lot of money or is hanging around the top 10 charts, so it’s a calculated risk on your part. [import]uid: 9422 topic_id: 11162 reply_id: 40571[/import]