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Question
Hi, i am unsure if this is the right place to ask such a question. Basically i am just wondering if your allowed to make, sell cards with Celebrities pictures on the front with information on them below. Like you get with sticker albums. Do you need to get each persons permission before you use their photo, and talk about them, or can you get by it by using a photo of them taken by someone else: so they don't own the copyright?
Thanks a lot for your help.
Hello,
Although I am a patent expert, which is quite remote from the field of this question, I am quite certain that you would indeed need the permission of the persons whose pictures you want to use.
This is based on a law item I would call "portrait right" (English is not my mother's tongue): It is not allowed to use a person's portrait for commercial purposes without his / her consent.
Hope this helps,
Rene Hasekamp
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Answers by Expert:
Rene Hasekamp
Expertise
I can answer questions about European patent law and practice. My experience mainly lies in the Dutch patent practice. I am not familiar with other patent systems than the European and Dutch systems, although I am familiar with general issues regarding patents. Please don`t ask me questions, specific for US patent law or any other non-European patent law.
Experience
I have been a patent examiner in the Netherlands Patent Office for 35 years. Now 9 am retired. I have been a deputy judge for patent cases in The Hague's District Court from January 1991 until June 2011.
Education/Credentials
I graduated in Chemistry and Law at Leiden University. I have worked in the Netherlands Patent Office as an examiner for 35 years until my retirement in 2003. I was appointed as a honorary deputy judge for patent cases in 1991. After my retirement I still work at a few cases on patent law in The Hague District Court.
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