Know-How Exchange : Advertising/PR

Hi,
As for good practice, you ask the person, company or entity involved if you can use the name or not and you are covered as long as they agree.
But this is something better responded too by a lawyer with expertise in the field.
Using names become tricky when there is something commercial attached to it (money) or when there is something human attached to it (slander and gossip), then it becomes extremely tricky as nowadays everybody and his mother wants a piece of the cake without doing anything for it: law suit or fees for using the name(s).
Best thing to do is seek good legal advice in my humble small opinion.
Press and journalists always hide behind the freedom of speech thing, but get sued all the time whilst doing so, I dont know if you as a marketer could hide bhind that veil also.
Regards,
W

In the US and Canada, freedom of the press is captured in each country's respective constitutions. The press is generally regarded as an essential part of the democratic process and is thus enjoys a protected status. New media (Blogs, etc.) start to blur the line on what "press" really is. There is a _lot_ of material written on this and much more to come: https://en.wikipedia.org/wiki/Freedom_of_the_press

I will second what my colleague mentions above about asking for permission. Unless you are in the "news" business you aren't protected and even then, the press can get into trouble as names and images have value. For example, the recent Jessica Alba v. Playboy case (tried in the media not the courts by the way) suggests that the press (I think Playboy is considered to be part to the fourth estate) cannot use images without consent to help sell its magazine. Why not ask people for permission to use their name, image and likeness? Create a simple form for marketing purposes and ask them to sign and return it to you. Make it very clear and specific on how you will use the images and for what period of time.

Hope that helps. Good luck.

---
PS: For interest...

US: Amendment I - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Canada: Canadian Charter of Rights and Freedoms: (Fundamental Freedoms) Section 2.

Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

Beethoven is easy, he is dead and has no living relatives who can make a claim over his estate or intellectual property.

- Public domain music https://www.pdinfo.com/
- Public domain books: https://www.gutenberg.org/
- Copyright: https://en.wikipedia.org/wiki/Copyright

That's why you can assemble an orchestra and play his music without paying a royalty to Beethoven. However, you will need to pay for the sheet music, the musicians and for the recording equipment, etc. -- if you plan to make a CD. However, once you invested in this, you then own the rights to your own version of the music and can then market and sell the CD. If a radio station plays your music it would then have to pay you a royalty to do so. As to his image / likeness, again, no estate, no royalties. However, you better hire your own artist to do the sketches/pictures because if you take someone else's images then you need to check with them to see if it is OK, make a licensing agreement, etc. For example, James Dean is dead, but his estate was sold to CMG who own the rights to license and sell his image and likeness: https://www.jamesdean.com/

Maps of the Stars is a bit different. If you print a map that you drew or made, commissioned yourself then that should be fine. If you add in addresses and names of property owners that should be fine as this would be information of public record (available from the city, phone books, etc.) If you use pictures of deceased actors who are in the public domain you would probably need to secure rights to the photos but if no one owned the estate, then you should be OK to print the pictures. If the star is still alive or has an estate, then you would need to contact the estate and explain who you are and how you intend to use the images and hope they say yes.

As woutkok mentions above, it sounds like a small investment in legal advice would be a very good next step.