We created over 500 Valxart Heroes designs to honor celebrities. These are mini biographies to commemorate favorite celebrities that matter in our lives. Each design has a stylized celebrity picture with Eastern and Western astrological symbols incorporated, place born, birth date and death (if not still alive), and a few of their contributions to humankind.
ValxArt Heroes are grouped in categories such as scientists, writers, singers, actors, artist, actress, comedians and presidents .
Can we use celebrities info on mugs, pins and magnets without infringing on anyone's rights?
No. California Civil Code 3344 (living people) and 3344.1 (deceased people) prohibits using names and likenesses for advertising and commercial purposes.
The foregoing is for informational purposes and does not constitute legal advice in a particular matter or the existence of an attorney-client relationship. All answers ©2017 Greg Victoroff, Inc. No further reproduction or use for any purpose.
Trying to market these will get you into a blizzard of cease-and-desist letters so bad that you'll think you're on Mt. Everest in a snowstorm. These celebrities have the right to control who uses their information for profit, under Cal. Civ. Code secs. 3344 and 3344.1. You'll be spending more money on lawyers than this could ever be worth. This question should have been asked before you created 500 of these.
This answer does not create an attorney-client relationship. It is not legal advice. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.
It will depend on state laws regarding privacy and publicity. For example, you may be able to do what you are proposing as a person who has been deceased for some time. However, you will likely need to get permission from each of the celebrities. You should consult an IP attorney as to each celebrity and whether there would be a case where permission was not required.
Agree with my colleagues. At a minimum would be violating their rights to publicity.
Disclaimer: This is a general comment and is not, nor is intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Please note this comment, or that contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship is formally established.
While it is permissible to use someone's biographical information in limited factual descriptions which are newsworthy or provide public information, what you propose is not in that category. Using another's likeness for a commercial venture without permission is by definition an infringement of that person's publicity rights and actionable under state law. I strongly suggest obtaining intellectual property counsel to assist in obtaining proper clearances or revising celebrity usage plans.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline