PETA launches new ad featuring Michelle Obama without First Lady’s permission
January 6, 2010 3 Comments »
PETA has launched a new advertisement featuring Michelle Obama, Oprah Winfrey, Carrie Underwood and Tyra Banks. PETA did not get permission from the First Lady for her inclusion in the advertisement. PETA’s response to the mounting criticism is that PETA “wouldn’t have sought” Obama’s permission because PETA “knows” the First Lady “can’t make such endorsements.” Here’s is a link to the story with an image of the advertisement:
http://www.swamppolitics.com/news/politics/blog/2010/01/michelle_obama_peta_ad_fur_fli.html
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When is a likeness considered to be in the public domain and therefore obviate the need for a license agreement pursuant to a commercial product development? I read on http://www.t-shirtforums.com/general-t-shirt-selling-discussion/t35556.html that likenesses of politicians are the only likenesses in the public domain.
Thanks for the question, Jeff. In fact, even politicians have a right of publicity that can be enforced, at least under certain circumstances. As such, it is inaccurate to assume that the “likenesses” of politicians are in the public domain. When the use involves an advertisement or commercial product, in most instances even a politician will have recourse through recognition of his or her right of publicity and related intellectual property interests. I hope this is helpful.