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can you use someones picture without permission in my video over on our rights I explained what a celebrity might be able to do if I took their image and put it on a calendar which I was going to sell essentially if they dont have a registered trademark preventing my action then passing off is their remedy generally speaking the courts in the UK have been reluctant to conclude that the public has been misled into buying merchandise bearing a celebritys image instead the starting position of the courts is to say that merely placing the image or likeness of someone famous or otherwise on a garment or a calendar isnt of itself passing off to succeed the celebrity must prove that the public has somehow been deceived into thinking that he or she has approved or endorsed the product and that that belief played a part in their purchasing decision this is usually not an easy hurdle to overcome because the public are well used to seeing celebrity images on all kinds of products such as t-sh
