Selling the Oval Office: The President & the Right of Publicity

The right of publicity is a legal concept in the United States that deals primarily with protecting celebrities from the commercial exploitation of their name or likeness. As a doctrine it touches both on intellectual property and the First Amendment, and often overlaps with trademark law, since if someone is famous enough their name often becomes a sort of brand. The President certainly falls into this category, particularly with so many eyes all over the world focused on the White House ? so is it legal for his likeness to be used in an advertisement without his permission?

The ad in question was nearly as big as you can get ? a billboard in Times Square. It featured a photograph of President Obama wearing a Weatherproof Garment Company coat, standing in front of the wall of China, and featured the tagline "A Leader in Style." Though the company legally licensed the photograph from the Associated Press, they did not receive any permission from the White House, and in fact, several news publications, including The New York Times, refused to run the ad.

Upon receiving word of the President's displeasure from White House lawyers, Weatherproof has agreed to take down the billboard, having no desire to "alienate the White House." However, it is unclear as to whether, legally, they were definitely in the wrong. Part of the question may be whether the advertisement implies an endorsement. The company maintains that it does not; they were merely showing that the President was wearing their coat, which is undisputed, not that he was endorsing it in any way.

Interestingly, this is not the only such case in recent days. Michelle Obama found herself in an ad as well ? on a poster for PETA proclaiming her as "fur-free and fabulous!" The White House has asked for those ads to be taken down as well.

Some think that publicity rights are a threat to free speech, and others that they are necessary to keep those in the public eye from being exploited. Is there a point when you give up some of these rights as a necessary evil of celebrity ? and if so, does the same apply to the President? In any case, Weatherproof may have gotten what they desired in terms of publicity ? though they may have lost a customer in the Obamas.

Source:Legalmatchmaker.com