Wednesday, August 7, 2019
INTELLECTUAL PROPERTY LAWS Essay Example | Topics and Well Written Essays - 500 words
INTELLECTUAL PROPERTY LAWS - Essay Example This is before utilizing a personââ¬â¢s image or voice for commercial gain, which in this case is Tiger Woodsââ¬â¢ picture. Therefore, ââ¬Å"Right of Publicityâ⬠ensures corporations, firms and businesspersons do not exploit peopleââ¬â¢s persona either famous or not to benefit themselves. Hence, protect them and compel those who wish to use these pictures to obtain a legal consent from the owners (Fishman, 2010). States usually recognize peopleââ¬â¢s rights by granting them free will to either allow or disallow usage of their images especially for commercial purposes (Fishman, 2010). Hence, in this case Tiger Woods has a sole responsibility of deciding if Wheaties cereal firm is liable of using his image or not by agreement. In this case, Tiger woods ought to exercise the ââ¬Å"Right of Publicityâ⬠in controlling how Wheaties cerealââ¬â¢s firm utilizes his pictures and others that may intend to do so (Fishman, 2010). This is via granting them consent besides deciding the required compensation based on how long the firms will have to use his reputation in advertising their products. Tiger Woods owns the ââ¬Å"Right of Publicityâ⬠similar to any other people in ensuring firms do not exploit his reputation and pictures. Hence, he has the authority of demanding compensation in return, which is in form of cash though this is as per the agreement with the corporate firms. Based on the ââ¬Å"Right of Publicityâ⬠, owners have the mandate of prosecuting anyone who might have used their images without their consent (Fishman, 2010). This is especially through advertising or through other forms like reputation riding when the owners are not aware. However, the right also grants owners like Tiger Woods freedom to negotiate with the potential businesspersons, firms and corporations if they are ready to pay for his pictures in advertising their
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