Entertainment Law Question #2?

I have created this hypothetical situation, in which there may be more than one answer. What do you think the answer is? Suppose that a television set manufacturer wanted to use a photograph of Charles Van Doren in national magazine ads for its products with a caption that said, "You watched him on our TV... mostrar más I have created this hypothetical situation, in which there may be more than one answer. What do you think the answer is?


Suppose that a television set manufacturer wanted to use a photograph of Charles Van Doren in national magazine ads for its products with a caption that said, "You watched him on our TV sets in the 1950's. You're watching today's heroes on our TV sets now. Fifty years from now, you'll still be watching our sets. Quality: Yesterday, Today, and Tomorrow."

Could the manufacturer do so without Van Doren';s consent, or would his consent be necessary? Why?
Actualizar: Here is what I think. Earl, you've really helped me decide which way I would go!!! The manufacturer could not use Van Doren’s picture on his national magazine advertisement without first obtaining Van Doren’s consent and, most likely, paying Van Doren to use his image. Van Doren’s consent is necessary... mostrar más Here is what I think. Earl, you've really helped me decide which way I would go!!!

The manufacturer could not use Van Doren’s picture on his national magazine advertisement without first obtaining Van Doren’s consent and, most likely, paying Van Doren to use his image. Van Doren’s consent is necessary because the manufacturer would be using his likeness to sell a product, in this case, televisions. It is illegal to identify any prominent recent figure with any product for commercial gain without first negotiating rights with the public figure being used in the advertisement.

If the public figure were deceased, permission would need to be obtained from the family members of the public figure or from whomever holds his or her rights. In this case, our public figure is still alive, so consent would need to be obtained from Van Doren himself to use his likeness in the television ad campaign.
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