Can I use a celebrity's name or image to promote my product in California? What are the requirements?

Using a celebrity’s name or image to promote a product in California

In California, using a celebrity’s name or image to promote a product requires their prior consent. California has a right of publicity law that protects the commercial use of a person’s name, image, likeness, or other recognizable aspects of their persona.

According to California Civil Code § 3344, it is illegal to use a person’s name, voice, signature, photograph, or likeness for commercial purposes without their prior consent. This applies to both living and deceased individuals, and the consent must be in writing.

Requirements for using a celebrity’s name or image

To use a celebrity’s name or image to promote a product in California, you must obtain their prior written consent. The consent must specify the authorized use and any compensation to be paid to the celebrity.

Additionally, the use of the celebrity’s name or image must not be false, misleading, or likely to deceive consumers. It must also not imply that the celebrity endorses or sponsors the product unless they have given their explicit consent to do so.

Jurisdiction

California

• Privacy