Editor: Donald C. ClarkeGeorge Washington University Law School
Tuesday, February 6, 2007
By Donald Clarke
... before someone came out with a Chen Guangcheng T-shirt; available here on e-Bay.
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How did they get permission from Chen for the commercial use of his likeness?
Posted by: Mike Dowdle | Feb 8, 2007 6:51:31 AM
Interesting question. Do any IP mavens know whether in a case like this permission would be necessary under US law? It seems to implicate 1st amendment concerns. Did anyone in the 60s get permission from Che Guevara for those ubiquitous t-shirts and posters? And what if I wanted to sell a t-shirt with a picture of a politician I *didn't* like, and a big X through his face? I don't know the law, but it seems to me we are surrounded by likenesses of public figures in various media, and it's hard to believe that permission is always obtained or needed.
Posted by: Don Clarke | Feb 8, 2007 10:15:31 AM
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