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Use of Celebrities in Advertising Uri Weinstok Weinstok Abogados Costa Rica

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Presentation on theme: "Use of Celebrities in Advertising Uri Weinstok Weinstok Abogados Costa Rica"— Presentation transcript:

1 Use of Celebrities in Advertising Uri Weinstok Weinstok Abogados Costa Rica

2 Right to Use Ones Personal Image

3 Basic principle A persons image cant be used without consent Main exception: Police, scientific or academic purposes; facts occurred in public, uses based on public interest. All exceptions must be interpreted restrictively. Exception DOES NOT apply to commercial use.

4 "With Ryanair, all my family can come to the wedding."


6 Even though it is a widely accepted principle, there are some sides to it. Regulations and case law in Latin America is not abundant, but still some basic principles can be identified.

7 Very personal right (Personalísimo) Enjoyed by everyone Outside commerce (cant be transferred) Do not expire Enjoy benefit of the doubt Consent is always revocable (provided that damages are paid)

8 Person must be recognizable If the person is not identifiable, he/she cant complain against unauthorized use Ones personal image is not affected

9 Librería Internacional

10 Limits to given consent An authorization for certain uses does not necessarily imply other uses. –Different media (press vs. Internet) –Later uses –Team sponsorships vs. Image of players

11 Paulo Wanchope v. Taca - 2001

12 Cristal 2004

13 Advertising must be truthful… …But sometimes telling the truth is not enough…

14 Franklin Chang – TLC

15 Use of the Image of the Deceased


17 Dr. Martens Footwear OK in the UK Got in trouble when published in a US based website Agency was fired over ad

18 Being a very personal right, it would normally end upon death BUT: –Image of the deceased must be used with respect –In some countries (in LA), Copyright laws give some rights to the descendants for a limited time (even when someones portrait is not a creation of his intellect) –This is one of the issues where Laws in different places vary significantly

19 Namesakes & Look-alikes A violation can occur even when a persons portrait is not used

20 Oscar Arias and CAFTA

21 Relation with Copyrights Rights over a picture vs. Image rights Rights over fictional characters

22 Virgin Mobile – 2007

23 Grosby Shoes

24 Trademarks & Image Rights

25 Sometimes a persons image gives distinctive character to a product and becomes a trademark. In these cases, the scope of protection is wider

26 Frank Perdue

27 Other Relevant Issues with Use of Celebrities

28 Scandals Use of competing products Change of circumstances (retirement, injury, etc.) Bad press

29 No matter what Laws apply Ensure rights in writing. Do not rely on presumed verbal consent. Contracts may solve most issues described. If it works somewhere, it will not necessarily work everywhere.

30 THANK YOU! Uri Weinstok Weinstok Abogados Costa Rica

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