Companies and entrepreneurs actively maintain social networks, websites, and make advertising banners and leaflets. Sometimes quotes from famous people or their images are used to achieve goals. Examples can be seen in any city; just walk along the streets and pay attention to the advertising materials posted. And entrepreneurs don’t even think that this could negatively affect their business.
My name is Yuri Gorbachev. I head the Lireit patent office. I will tell you in the article whether it is possible to use famous phrases, quotes, images of people in social networks, advertising or on a website without permission, what risks exist, and why you need to be careful.
Why are famous quotes and photos of people used in advertising, social networks and websites?
On the streets of any city in Russia you can see advertising banners with popular Russian and foreign personalities, despite the fact that they are now actively fighting this. On the Internet, it is not at all difficult to come across a post, article or advertising campaign that uses photos of stars or their famous expressions. Cartoon characters are also popular.
The purpose of using famous quotes and images is to attract attention. Of course, for this, entrepreneurs are ready to write and create their own creatives, but it is always easier to use someone else’s, but already proven one. After all, people will definitely react to an advertising banner if it depicts a popular actor or singer. Additionally, they develop associations with fame and increase confidence in the product or service.
Famous quotes and photos of people can evoke an emotional response in potential customers, which can help establish a connection between them and the product or service. There are many reasons to use it, but there are risks you should be aware of before you post or advertise with someone else’s face or phrase.
Is it possible to use quotes from famous people in advertising?
Using quotes from famous people on a company’s website and social media may be legal as long as certain rules are followed. Quotes may be published under “fair use.” It must be limited in scope and purpose and not harm the copyright or reputation of the author. To do this, you must indicate, at a minimum, the name of the author.
It is unacceptable to change the words in the quotation; it must be in the form in which the author uses it and in quotation marks. However, the list of acceptable purposes for quoting without permission does not include commercial use. It is acceptable to publish a quotation without asking the author for scientific, critical, polemical or informational purposes. If your post or article is of this nature, quoting is permissible in accordance with Art. 1274 of the Civil Code of the Russian Federation. It is worth considering the volume. He must be justified. Avoid using long quotes or entire book chapters.
For commercial use you must take permission from the author. This applies to advertising materials. The author or copyright holder can give permission free of charge, but more often it is necessary to conclude a license agreement that provides for the payment of remuneration. Both situations are acceptable.
Ads with famous quotes sometimes contain statements from authors who are no longer alive. If more than 70 years have passed since the death, the phrase can be used freely, otherwise it is worth contacting the heirs so that they give permission to use the famous quote of their testator.
Famous quotes in advertising help to evoke the necessary associations with the product and attract the target audience. However, I advise you to create your own creative, which will later become a catchphrase. Then associations with your product will live for a long time, and problems with copyrights will not arise.
Examples of such quotes and slogans that have become popular among the people: “Russia is a generous soul”, “Tanks are not afraid of dirt”, “It’s good to have a house in the village”. Such phrases become trademarks and are registered with Rospatent in order to obtain a monopoly on use.
Is it possible to use images of famous people in advertising?
The use of images of famous people in advertising or characters on a commercial website is not permitted without the permission of the copyright holder or the person themselves, in accordance with privacy laws and copyright regulations.
The image of a person is protected on the basis of Article 152.1 of the Civil Code of the Russian Federation. Even if the subject is not popular, their image still cannot be used without permission. There have been cases when a social network user posted a beautiful personal photo and later discovered that it was placed on promotional flyers. This is a violation. Any person in such a situation can protect their rights through the court.
By the way, it is often ordinary citizens who sue over the use of their images, while celebrities may simply ignore the fact that in a small town someone decided to promote their business using their popularity. Foreign stars rarely react to the fact that they have become the face of a company from a Russian province. The likelihood that a popular Russian athlete, doctor, actor, football player, or singer will go to court is always higher. The use of images of famous people in advertising must be agreed with the person, otherwise it is a risk.
Often disputes are started by the heirs of famous personalities who do not want the image of their relative to be used for commercial purposes without remuneration. A licensing agreement is concluded with them.
Additionally, you need to understand that each photo was taken by the author. Therefore, when using a specific object in the form of a photograph, it is necessary to obtain permission from the person who took the photo, or from the person to whom the rights to it have been transferred. This applies to paintings and other images, such as those created by a designer.
It turns out that you need 2 permissions:
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from the author or copyright holder;
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from the person shown in the photo.
If you are not using a specific photo of a specific person, but are drawing their portrait yourself, for example, you only need permission from the person who will be depicted.
Typically, permission to use an image is paid. A person is paid a fee for participating in an advertising campaign or publishing his photo on a website and social networks. However, in exceptional cases, consent can be obtained free of charge.
Important! Advertising featuring people for alcohol, including beer, is prohibited, even with permission from the person depicted.
If you take photographs from photo banks with images of people, it is worth remembering that the license conditions must include permission for commercial use. You should also not use a photo of a person in a way that creates a negative impression of them.
You can use a person’s image without permission only in one case – if he accidentally got into the frame at a public event or in a public place, and his image is not the main object of use. Let’s say you took a photo at a festival and want to post it on the website to show the fun atmosphere, a lot of people – that’s possible. Taking a photo of one participant and using the photo is prohibited.
It turns out that in order for the use of images of people in advertising to be legal, you need to consider:
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is it permitted to use the photo, painting or other object created by the author for commercial purposes;
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whether the person depicted agrees to the publication;
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under what conditions the photo was taken or the image was obtained;
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how the image will be used and what message the advertiser intends in the published material.
With characters the situation is different. A recognizable image may be copyrighted or trademarked. To legally use a character in advertising, social networks or on a website, you must obtain permission from the copyright holder.
If the copyright holder is the author, then an agreement must be concluded with him. When exclusive rights are transferred, you need to find the person who accepted them and conclude an agreement with him.
After registering a trademark, the rights to the character belong to the person indicated in the register and certificate as the copyright holder. You need to agree on use with him.
Main
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It is unacceptable to create publications or promotional materials that could harm a person’s reputation.
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Images of people in advertising must be used with their permission, otherwise the business may get into trouble.
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Do not forget about labeling advertising in any sources, otherwise you may receive a fine of up to 500,000 rubles.
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Please be aware of copyright and privacy laws when using quotes and images.
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For illegal use of quotes and images, you can receive serious fines, pay compensation, and all advertising materials will have to be destroyed.
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When using an image with a certain person, two entities can file a claim – the copyright holder of the photograph and the person depicted in it.
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If you cannot get permission, then it is better not to take risks and not use other people’s photos and quotes. Instead, you can create your own content that is unique and original.
Acknowledgment and Usage Notice
The editorial team at TechBurst Magazine acknowledges the invaluable contribution of the author of the original article that forms the foundation of our publication. We sincerely appreciate the author’s work. All images in this publication are sourced directly from the original article, where a reference to the author’s profile is provided as well. This publication respects the author’s rights and enhances the visibility of their original work. If there are any concerns or the author wishes to discuss this matter further, we welcome an open dialogue to address potential issues and find an amicable resolution. Feel free to contact us through the ‘Contact Us’ section; the link is available in the website footer.