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

Using a Celebrity’s Name or Image to Promote a Product in Florida

In Florida, using a celebrity’s name or image to promote a product is regulated by the state’s Right of Publicity statute, which is found in Chapter 540 of the Florida Statutes.

According to the statute, a person may not use another person’s name, image, likeness, or persona for commercial purposes without that person’s express written consent. This includes using a celebrity’s name or image to promote a product.

To use a celebrity’s name or image to promote a product in Florida, you must obtain the celebrity’s express written consent. The consent must be obtained before the product is marketed or sold.

Additionally, the consent must be specific and detailed, outlining the exact ways in which the celebrity’s name or image will be used to promote the product.

Requirements for Using a Celebrity’s Name or Image to Promote a Product in Florida

To use a celebrity’s name or image to promote a product in Florida, you must meet the following requirements:

  • Obtain the celebrity’s express written consent before marketing or selling the product.
  • Ensure that the consent is specific and detailed, outlining the exact ways in which the celebrity’s name or image will be used to promote the product.

Failure to obtain the celebrity’s consent or to meet the above requirements may result in legal action being taken against you.

[14] provides definitions for terms used in Florida Statutes Chapter 1000, which includes the definition of “person” as “an individual, partnership, corporation, association, or other legal entity.” This definition may be relevant in determining who is subject to the Right of Publicity statute.

[15] provides general provisions for Florida Statutes Chapter 1012, which includes provisions related to the discipline of teachers. This document is not relevant to the user’s query.

Therefore, to use a celebrity’s name or image to promote a product in Florida, you must obtain the celebrity’s express written consent and ensure that the consent is specific and detailed.

Source(s):
Jurisdiction

Florida