a misrepresentation was made that they were associated with or endorsed another’s goods or services and.they have a sufficient reputation or goodwill.You may use it w here there has been a misrepresentation that goods or services are associated with another.Ī plaintiff must establish the following elements to succeed in an action for passing off: So, whether you are duplicating a celebrity’s image or using it for inspiration, consider the following to minimise your legal risk. However, they can rely on the Australian Consumer Law (ACL) and the common law ‘tort’ of passing off if a business misuses their image. In Australia, there is no ‘right to publicity’ or ‘image right’ allowing celebrities to control use of their image. Be mindful of this when you download, publish or otherwise use photographs you find online. Thus, your use may result in a copyright infringement claim against you. These photographs will belong to someone else, usually the photographer who took the image. There are rights in photographs posted online, for example, on Instagram or in an online magazine. a caricature of Morgan Freeman), then you may be in the clear. If you are creating your own images and using a celebrity’s photo as inspiration (e.g. Using an image of a celebrity or a well-known personality without obtaining a licence may open you up to a world of legal consequences.
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