Commercial Speech
If the Right of Publicity applies to commercial speech, what exactly is commercial speech?
In Bolger v. Youngs Drug Products the Supreme Court defined it as speech that “does no more than propose a commercial transaction.”
But what does that really mean for real-world use?
Using a celebrity’s name or image in an advertisement for a product is a commercial use and not allowed without permission.
Using the same image in news, biographies, or films is normally OK, but there isn’t really a clear line.
Where does social media fit in? Unfortunately, corporate social media is a very gray area.
Related articles
- More Inspiration from the Courts on Commercial Speech (druganddevicelaw.blogspot.com)
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Brands, Celebrities, Social, & Right of Publicity 