Mastodawn

RE: https://mastodon.social/@arstechnica/116557073779991112

This is what lawyers like me (#advertising and marketing law) help our clients avoid. Either someone ignored legal advice or never sought review, or someone used the image as a placeholder and no one recognized the celebrity nor went back to check that they had a proper model release, or, also possible that someone used an “AI” tool to generate an image to “look like Dua Lipa”, thinking they could avoid liability.(Wrong.)

tldr: Hire an advertising lawyer.

#IP #PersonalityRights #Trademark #Law

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𝐉𝐨𝐧 𝐁𝐞𝐫𝐠𝐞𝐫 May 11

@fsinn You'd think Samsung, of all companies, would know better, since they got slammed back in the 90s for doing sort of the same thing, only not with an actual picture of a celebrity, but with a picture of a robot dressed up to look like Vanna White. (White v. Samsung (1992) 971 F.2d 1395, although the really famous opinion is Kozinski's dissent from denial of en banc review at 989 F.2d 1512.) It's not a huge logical leap from "we got in trouble for using an image that wasn't Vanna White but reminded people of her" to "maybe we should rethink our plan to use an image that actually is of a current celebrity."

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oldguycrusty

@jonberger @fsinn

I love this for #DuaLipa ..

Yes, they should have asked, cleared, and paid her for it. That they did not, could be for any of the reasons you listed.

But, she now gets a ton of press, win or lose. The more they protest and litigate, the more press she gets. In pop-culture, this is a win/windfall for her. The longer they drag this out, the better for her.. They will eventually pay, I am certain.

1/2....

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oldguycrusty May 11

@jonberger @fsinn

Big #DuaLipa fanboy here BTW, even tho I am many decades past her ideal #demographic

The smart thing for Samsung now, would be to get her under contract for a whole campaign using her & this fuckup as a theme.

She wins here no matter what. #PR nightmare for #Samsung - total bonus points for #DuaLipa...