People in the entertainment industry, including actors, musicians and popular influencers, often develop brands that reflect their personality and appearance. The people who enjoy their brand may express that by patronizing businesses that offer the entertainment professional endorsement or sponsorship opportunities.
Companies, including small businesses, are often eager to partner with entertainers and other celebrities, such as college or professional athletes, for marketing purposes. Such arrangements can draw public attention to new and smaller brands.
Typically, thorough contracts are necessary when using a celebrity’s likeness to market a brand or product. However, sometimes companies try to piggyback off the popularity of a musician, actor, athlete or influencer without properly compensating them.
What happens after the misuse of a well-known person’s likeness?
Technology may facilitate the misuse of likenesses
It is easier than ever before for businesses to pretend to have a relationship with a high-profile person. A story recently went viral when online shoppers saw a familiar face modeling clothes for a digital retailer.
The person in question is currently in state custody and facing criminal prosecution. However, they have developed a bit of a cult following due to the perceived rationale behind their crime and their appearance. The online retailer capitalized on that by using their likeness to model clothing.
Similar conduct could easily impact the brands of entertainment professionals, athletes and online celebrities. Artificial intelligence (AI) has made it easier than ever before to create a false impression of an individual wearing certain clothing or endorsing a product. Those curating a personal brand generally want to control the use of their likeness. They also generally deserve to profit from the use of their appearance or reputation to market products and brands.
Documenting the misuse of a celebrity’s likeness and taking legal action against the company involved could help compensate high-profile individuals for any damage done by the misuse of their likeness and deter others from copying this unethical marketing ploy. The courts can award people damages for the unapproved use of their likeness or issue injunctions preventing the future use of similar marketing tactics.
Entertainment professionals and others concerned about the inappropriate use of their likeness may need legal support as they attempt to communicate with the party misusing their likeness and negotiate an appropriate resolution to the problem. And that’s okay.