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

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

In Massachusetts, using a celebrity’s name or image to promote a product is subject to certain requirements. The Massachusetts General Laws (MGL) do not specifically address the use of a celebrity’s name or image for commercial purposes. However, there are other laws and regulations that may apply.

Right of Publicity

Massachusetts recognizes the right of publicity, which is the right of an individual to control the commercial use of their name, image, likeness, or other identifiable aspects of their persona. The right of publicity is protected under common law and statutory law in Massachusetts ^[2].

Consent

To use a celebrity’s name or image for commercial purposes, you generally need their consent. Without consent, the use of a celebrity’s name or image could be considered a violation of their right of publicity ^[2].

Exceptions

There are some exceptions to the requirement of obtaining a celebrity’s consent. For example, the use of a celebrity’s name or image may be permissible if it falls under the category of fair use. Fair use is a legal doctrine that allows for the limited use of copyrighted material without obtaining permission from the copyright owner ^[2].

Conclusion

In summary, to use a celebrity’s name or image to promote a product in Massachusetts, you generally need their consent. However, there are exceptions to this requirement, such as fair use. It is important to consult with a legal professional to ensure compliance with all applicable laws and regulations ^[2].

Source(s):

• [2] Regulations implementing MGL c.270, s.22

Jurisdiction

Massachusetts

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