What are the restrictions on the use of celebrity images?
In Mississippi, the use of celebrity images is subject to certain restrictions. The primary restriction involves the right of publicity. Under this right, celebrities can control how their names and likenesses are used in connection with commercial endeavors. This means that in order to use a celebrity image in a manner that implies endorsement by the celebrity, or to use the celebrity’s name or likeness in connection with a product or service, permission must be granted by the celebrity or their representative. Additionally, in Mississippi, the use of celebrity images may be restricted by copyright law. Copyright law protects the rights of artists, such as photographers, who create original works. The photographer who takes a picture of a celebrity owns the copyright to the photograph and can control how it is used. To lawfully use a copyrighted photograph of a celebrity, permission must be granted by the photographer or the photographer’s representative. Finally, the Mississippi state constitution provides a right of privacy which prohibits the use of celebrity images for purposes of “unreasonable publicizing” or for the purposes of “commercial appropriation.” This means that a celebrity’s images may not be used in a manner that would otherwise be considered offensive, such as to market a product or service. Overall, Mississippi puts restrictions on the use of celebrity images in order to protect the celebrity’s right to privacy and right of publicity, and to ensure that photographers and other artists who create original works are properly compensated for their efforts.
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