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Can I use a celebrity's name or image to promote my product in Colorado? What are the requirements?
Using a Celebrity’s Name or Image to Promote a Product in Colorado
In Colorado, using a celebrity’s name or image to promote a product may be subject to certain requirements.
According to [4]" >Title 39 CORS, Specific Taxes, Income Tax, Colorado imposes a tax on the use of a person’s name, voice, signature, photograph, or likeness for advertising purposes. This tax is known as the “celebrity endorsement fee” and is equal to 10% of the gross amount paid for the use of the celebrity’s name or image.
Additionally, [2]" >Title 39 CORS, Specific Taxes provides that any person who uses a celebrity’s name or image for advertising purposes must obtain the written consent of the celebrity or their authorized representative. Failure to obtain such consent may result in legal action against the advertiser.
Therefore, if you wish to use a celebrity’s name or image to promote your product in Colorado, you must ensure that you have obtained the necessary written consent and paid the required celebrity endorsement fee.
It is important to note that these requirements may be subject to change and it is recommended that you consult with a legal professional for specific guidance on this matter.
Source(s):
- [2] Specific Taxes
- [4] Income Tax
Jurisdiction
Colorado