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Unauthorized use of name or likeness is the use of someones name or other identifying characteristics without that persons permission for commercial purposes. This can include using a persons name, photo, or other personal information in an advertisement or other marketing materials.
While you could be sued for unauthorized commercial use of someones likeness, there are times when it is ok to use a celebritys image. The simplest method is to get the celebritys permission to use their likeness. This may require: Fees or royalties paid to the celebrity.
Misappropriation of name and likeness is when someone else uses your name or likeness for his benefit, such as for an advertisement or commercial.
Likeness is the resemblance of a person. It could be of an actor, athlete, musician, etc. You might be using someones likeness if you can recognize who the person is from the artwork. Someones likeness is generally covered by publicity rights.
As discussed above, celebrities have rights of publicity in their images, and at least in California, that includes the right to distribute fine art prints and note cards of your portrait, unless it meets the test for transformative art. Celebrity photographs are not in the public domain.
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