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

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

In Idaho, using a celebrity’s name or image to promote a product is generally allowed as long as it is done with the celebrity’s consent. However, there are certain requirements that must be met in order to use a celebrity’s name or image for commercial purposes.

Right of Publicity

Idaho recognizes the right of publicity, which gives individuals the exclusive right to control the commercial use of their name, image, likeness, or other recognizable aspects of their persona. This means that you cannot use a celebrity’s name or image for commercial purposes without their permission.

Consent Requirements

In order to use a celebrity’s name or image for commercial purposes in Idaho, you must obtain their written consent. The consent must be specific to the particular use and must be obtained before the use occurs. Additionally, the consent must be voluntary and not obtained through fraud, deception, or undue influence.

Exceptions

There are certain exceptions to the consent requirement for using a celebrity’s name or image for commercial purposes in Idaho. For example, using a celebrity’s name or image for news reporting, commentary, or criticism is generally allowed without their consent. Additionally, using a celebrity’s name or image in a work of art or literature is also allowed without their consent.

Conclusion

In summary, you can use a celebrity’s name or image to promote your product in Idaho as long as you obtain their written consent and meet the other requirements. However, there are certain exceptions to the consent requirement that may apply in certain situations.

Source(s):

• [1] DEFINITIONS

Jurisdiction

Idaho

• Privacy