USING OTHER’S IMAGES

Posted on April 22, 2010 by ERIC WACHSPRESS

The ILLINOIS RIGHT OF PUBLICITY ACT (765 ILCS 1075) provides that, “the public use or holding out of an individual’s identity (which is defined in the Act as “any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice”) (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising during the individual’s lifetime without having obtained previous written consent from the appropriate person or persons may be liable for either of the following, whichever is greater; (1) actual damages, profits derived from the unauthorized use, or both; or (2) $1,000. In addition, punitive damages may be awarded against a person found to have willfully violated the Act.

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
This entry was posted in News and tagged , , , , . Bookmark the permalink.