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cc-licenses - Re: [cc-licenses] Permission to publish a photo of a person

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Subject: Development of Creative Commons licenses

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  • From: Stefanie Calkins <stefanie_calkins AT yahoo.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Permission to publish a photo of a person
  • Date: Wed, 26 Sep 2007 06:50:18 -0700 (PDT)

Thank you very much for the response. They want to use the photo of Tiger as an explanation of what a sponsor is. (he has his back to the camera in his black clothes, displaying Nike on the back of his hat). This is where I was curious if not only do you need his permissions, but when logos of such companies are displayed on clothing, does this open yet another door for legal issues?

James Grimmelmann <james AT grimmelmann.net> wrote:
Stefanie Calkins wrote:
> I took a photo recently of Tiger Woods. A book publishing company would
> like to use it in a children's encyclopedia. Do I need to get his
> permission to allow his photo to be used? Thx

Eldrick "Tiger" Woods is fairly litigious over his claims to control his
right of publicity. See ETW Corp. v. Jireh, 332 F.3d 915 (6th Cir.
2003), in which the Sixth Circuit took forty-five pages to dismiss his
trademark, right of publicity, false advertising, unfair competition,
and deceptive trade practices claims against an artist who sold copies
of a painting of Woods.

I don't have time at the moment to get to get into the pros and cons of
asking permission, but this seemed like a fairly important data point
for the discussion.

James
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