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Can I use a celebrity's name or image to promote my product in West Virginia? What are the requirements?
Using a Celebrity’s Name or Image to Promote a Product in West Virginia
In West Virginia, using a celebrity’s name or image to promote a product may be subject to certain requirements and restrictions.
According to [8]" >WVCO Chapter 46A, Article 6, the use of a person’s name, portrait, or picture for advertising purposes without their written consent is prohibited. This means that you cannot use a celebrity’s name or image to promote your product without their permission.
However, there are some exceptions to this rule. For example, if the use of the celebrity’s name or image falls under the category of “fair use,” it may be allowed. Fair use is a legal doctrine that allows for the limited use of copyrighted material without the permission of the owner for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
It is important to note that the determination of fair use is based on a case-by-case analysis and depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work.
Therefore, if you want to use a celebrity’s name or image to promote your product in West Virginia, it is recommended that you obtain their written consent to avoid any potential legal issues.
Requirements for Using a Celebrity’s Name or Image to Promote a Product in West Virginia
If you do obtain a celebrity’s written consent to use their name or image to promote your product in West Virginia, there may be certain requirements that you need to follow.
For example, [8]" >WVCO Chapter 46A, Article 6 requires that any advertisement that uses a person’s name, portrait, or picture for advertising purposes must clearly and conspicuously disclose that the person has given their written consent to the use of their name, portrait, or picture.
Additionally, the advertisement must not falsely imply that the person endorses or approves of the product or service being advertised.
It is important to note that these requirements may vary depending on the specific circumstances of the use of the celebrity’s name or image. Therefore, it is recommended that you consult with a legal professional to ensure that you are complying with all applicable laws and regulations.
Overall, using a celebrity’s name or image to promote a product in West Virginia may be subject to certain requirements and restrictions. It is recommended that you obtain the celebrity’s written consent and comply with all applicable laws and regulations to avoid any potential legal issues.
Source(s):
Jurisdiction
West Virginia