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  1. #1
    Lonesome Cowboy Bill's Avatar

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    Default How Far Does Libel Go?

    let's say that I'm working on a design which features the Olson twins as members of the undead....I'm guessing that anything w/o the express written permission of Major League Baseball or the person depicted is already on shakey ground but does it qualify as libel? I was always of the understanding that for a libel charge to stick, it had to be demonstrated that it had actually done damage to the persons' reputation but if it's obviously nonsense, is that libelous?
    ( I assume the existence of flesh-eating zombies is nonsense.....)

    I know that the estates of dead actors retain rights to their images, so does something like this apply?

  2. #2
    poguemahone's Avatar

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    living celebrity = hard or impossible to prove
    joe schmo = a bit easier

  3. #3
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    I don't think that's libel.

    It's called somethin gelse. Libel is written statements that defame someone's good name.
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  4. #4
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    the only logical solution is to DO whatever it is you're talking about and then see what happens.

  5. #5
    poguemahone's Avatar

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    falwell vs. flint

  6. #6
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    I think you're talking about usage rights of someone's image.

    There are a few schools of thought on that...

    Some say it's OK because it's a "satire" on that celebrity.

    Some say if you're using a photograph, you're violating the photogher's rights as well as the celeb yr using.

    I lean more toward the first.

    Just don't use Disney on anything.
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  7. #7
    esqdork's Avatar

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    Default

    I don't think it's libel that you need to worry about. Their right of publicity covers what you're talking about.

  8. #8
    rotodesign's Avatar

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    Default

    Generally parody protection only covers editorial speech, not items for resale. Meaning zombie Olsen Twins in a magazine illustration for purpose of parody or commentary = ok, zombie Olsen Twins on a $15 t-shirt for sale on your web site = not ok. The Olsen Twins have exclusive right to profit from their own image (the aformentioned right of publicity). The most important thing to consider is that rich people have much better lawyers than you do.

  9. #9
    Moderator
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    yeah, what batman/michael jackson said.

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