Who owns an appearance?
#1
Who owns an appearance?
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Hi all!
I understand that no one but a lawyer can give me exact legal advice however, I am more than concerned about the subject below and I would love to hear some opinions on this subject.
Can an agency that owns a celebrity model's name sue an up and coming model just for looking like the celebrity? With out her being a professional look-a-like and with out naming the celebrity who she is supposed to be trying to copy, can they just sue because of her looks? Can they make her stop modeling, or require her to die her hair or get plastic surgery to change the way she looks? At this point she is just being harassed by them as they continue to threaten to shut her website down and take her to court for making her living based on looking like the celebrity. They have also persuaded a few online businesses to remove her images from their sites, this resulting in modeling jobs being canceled and a loss of income for her.
If you take it to the extreme, suing based on appearance only, would kill the entire entertainment industry as it hires and markets people that have a resemblance to other famous faces. Not to mention all the impersonators, look-a-likes and dead-ringers would all be out of a job!
Surely they don't have a leg to stand on here!?!?! Right? I mean really how many Buxom Blond Bombshells could be sued by the agencies that might own the name Marilyn Monroe, Mamie Van Doren or Jane Mansfield?!?!?!
I feel this is something that could become a precedent if not nipped in the bud. It could go against all of us in the public eye/entertainment industry.
Any ideas, comments or help you could provide would be very helpful. Thanks in advance ;-)
Kate
;-)
Hi all!
I understand that no one but a lawyer can give me exact legal advice however, I am more than concerned about the subject below and I would love to hear some opinions on this subject.
Can an agency that owns a celebrity model's name sue an up and coming model just for looking like the celebrity? With out her being a professional look-a-like and with out naming the celebrity who she is supposed to be trying to copy, can they just sue because of her looks? Can they make her stop modeling, or require her to die her hair or get plastic surgery to change the way she looks? At this point she is just being harassed by them as they continue to threaten to shut her website down and take her to court for making her living based on looking like the celebrity. They have also persuaded a few online businesses to remove her images from their sites, this resulting in modeling jobs being canceled and a loss of income for her.
If you take it to the extreme, suing based on appearance only, would kill the entire entertainment industry as it hires and markets people that have a resemblance to other famous faces. Not to mention all the impersonators, look-a-likes and dead-ringers would all be out of a job!
Surely they don't have a leg to stand on here!?!?! Right? I mean really how many Buxom Blond Bombshells could be sued by the agencies that might own the name Marilyn Monroe, Mamie Van Doren or Jane Mansfield?!?!?!
I feel this is something that could become a precedent if not nipped in the bud. It could go against all of us in the public eye/entertainment industry.
Any ideas, comments or help you could provide would be very helpful. Thanks in advance ;-)
Kate
;-)
#2
Scooby Regular
they copyright the name not the face, so they can't sue for looking like, aslong as theres no direct copy then all ok. you can't be sued for looking like someone, or you'd have to pay for plastic surgery etc
#3
Scooby Regular
Its not Class Act is it ?
Edited to add, How can an agency 'own' a celebrity name, surely that 'celebrity' owns their own name, otherwise the agency could sue the real celebrity
Edited to add, How can an agency 'own' a celebrity name, surely that 'celebrity' owns their own name, otherwise the agency could sue the real celebrity
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Originally Posted by Tidgy
they copyright the name not the face, so they can't sue for looking like, aslong as theres no direct copy then all ok. you can't be sued for looking like someone, or you'd have to pay for plastic surgery etc
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Not true....... people have body parts trademarked/copyrighted as well.... Nigel Mansell had his eyes (stare from helmet) trademarked/copyrighted.
So that's you fcuked then Kated......................
So that's you fcuked then Kated......................
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#8
Originally Posted by Tidgy
they copyright the name not the face, so they can't sue for looking like, aslong as theres no direct copy then all ok. you can't be sued for looking like someone, or you'd have to pay for plastic surgery etc
Thanks for the reply! ;-)
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What a load of rubbish !!!
How on earth could an agency sue someone for the way they look. I'd love to be in court when they give their argument.
We would like the defendant to quit her job as a model, or have plastic surgery to change her looks.
Sounds more like she has a case against the Agency, for loss of earnings. Especially if she can prove they've managed to get her image removed from other websites. This is clearly harming your friends earning potential.
If I was you, I'd get her to seek Legal advise.
How on earth could an agency sue someone for the way they look. I'd love to be in court when they give their argument.
We would like the defendant to quit her job as a model, or have plastic surgery to change her looks.
Sounds more like she has a case against the Agency, for loss of earnings. Especially if she can prove they've managed to get her image removed from other websites. This is clearly harming your friends earning potential.
If I was you, I'd get her to seek Legal advise.
#13
Originally Posted by DCI Gene Hunt
Not true....... people have body parts trademarked/copyrighted as well.... Nigel Mansell had his eyes (stare from helmet) trademarked/copyrighted.
So that's you fcuked then Kated......................
So that's you fcuked then Kated......................
yea don't think any one could make a living based on wearing a helmet and giving "the Stare"! hehehehe
I wouldn't want the helmet hair anyhoo! hehehe
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stilover, like I said earlier, theyre not sueing over her appearance, theyre sueing over using the famous person as a way of making money, look a like type things, MAYBE you need to ask the famous person if they have any issues with you pretending to be them charging others for public meetings or private parties etc.... ?
#17
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Originally Posted by kated
hehehe
yea don't think any one could make a living based on wearing a helmet and giving "the Stare"! hehehehe
I wouldn't want the helmet hair anyhoo! hehehe
yea don't think any one could make a living based on wearing a helmet and giving "the Stare"! hehehehe
I wouldn't want the helmet hair anyhoo! hehehe
#18
Originally Posted by stilover
What a load of rubbish !!!
How on earth could an agency sue someone for the way they look. I'd love to be in court when they give their argument.
We would like the defendant to quit her job as a model, or have plastic surgery to change her looks.
Sounds more like she has a case against the Agency, for loss of earnings. Especially if she can prove they've managed to get her image removed from other websites. This is clearly harming your friends earning potential.
If I was you, I'd get her to seek Legal advise.
How on earth could an agency sue someone for the way they look. I'd love to be in court when they give their argument.
We would like the defendant to quit her job as a model, or have plastic surgery to change her looks.
Sounds more like she has a case against the Agency, for loss of earnings. Especially if she can prove they've managed to get her image removed from other websites. This is clearly harming your friends earning potential.
If I was you, I'd get her to seek Legal advise.
I have just been scouring the net and e-mailing everyone I think might have 2 cents to pitch in!
Thanks for your reply!
;-)
#19
Originally Posted by davegtt
stilover, like I said earlier, theyre not sueing over her appearance, theyre sueing over using the famous person as a way of making money, look a like type things, MAYBE you need to ask the famous person if they have any issues with you pretending to be them charging others for public meetings or private parties etc.... ?
;-)
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tell you what your probably better off doing, search google for a couple of David Beckham impersonators ask them, or go through their agent, how they dont get problems and legal threats from the Beckhams etc??? Least you might get a straight answer, and if you speak to their agent theres a good chance you might find yourself (or your friend ) getting a bit more work???
#21
Originally Posted by DCI Gene Hunt
If I showed you my helmet you just might stare in admiration......... and I promise not to get it in your hair.........
way to break in the "newbie"!
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Sorry I miss understood because of this comment
But if shes not doing this and shes only doing normal modelling then they dont have a leg to stand on IMO.
Originally Posted by kated
and take her to court for making her living based on looking like the celebrity.
#24
Originally Posted by davegtt
tell you what your probably better off doing, search google for a couple of David Beckham impersonators ask them, or go through their agent, how they dont get problems and legal threats from the Beckhams etc??? Least you might get a straight answer, and if you speak to their agent theres a good chance you might find yourself (or your friend ) getting a bit more work???
As for the agents, she works for herself aside from the product shots she does for specific companies. But I like the way you're thinking! hehehe
;-)
#27
Originally Posted by davegtt
stilover, like I said earlier, theyre not sueing over her appearance, theyre sueing over using the famous person as a way of making money, look a like type things, MAYBE you need to ask the famous person if they have any issues with you pretending to be them charging others for public meetings or private parties etc.... ?
Funny thing not once has my friend stated she was trying to be like the celeb. She has always just been herself. Her mother was in the same type of work as well and she always says she is just following in her mom's footsteps. Heck she didn't even know about the celeb at all until a few years ago!
;-)
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OK, putting 2 and 2 together here Im guessing this celebrity is actually a model herself? Hence probably why the agency is presuming shes trying to make money out of looking like the celeb? Right or Wrong?