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Can I use a celebrity's name or image to promote my product in Hawaii? What are the requirements?
Using a Celebrity’s Name or Image to Promote a Product in Hawaii
In Hawaii, using a celebrity’s name or image to promote a product is generally allowed as long as you have their permission or the right to use their likeness. However, there are certain requirements that must be met to avoid legal issues.
Right of Publicity
Hawaii recognizes the right of publicity, which means that individuals have the exclusive right to control the commercial use of their name, image, likeness, and other identifying aspects of their personality. This means that you cannot use a celebrity’s name or image without their permission or the right to use their likeness.
Requirements for Using a Celebrity’s Name or Image
If you want to use a celebrity’s name or image to promote your product in Hawaii, you must obtain their permission or the right to use their likeness. This can be done through a written agreement, such as a talent release or licensing agreement.
The agreement should clearly state the terms of use, including the duration, scope, and compensation for the use of the celebrity’s name or image. It should also include provisions for indemnification and liability, as well as any other relevant terms.
Conclusion
In summary, using a celebrity’s name or image to promote a product in Hawaii is allowed as long as you have their permission or the right to use their likeness. To avoid legal issues, it is important to obtain a written agreement that clearly states the terms of use and includes provisions for indemnification and liability.
Source(s):
- [5] TAXATION
- [7] INCOME TAX LAW
Jurisdiction
Hawaii