Administration seeks to limit use of President's likeness

jimpeel

jimpeel

Well-Known Member
I believe it is unprecedented that the President would seek to limit the use of is likeness, speeches, etc as public domain. If they try to pull this off, I believe that the SCotUS will kick their asses to the curb.

http://news.yahoo.com/s/bloomberg/20090130/pl_bloomberg/ay4jojiqvy4c_1

White House Lawyers Look to Limit Commercial Use of President

Julianna Goldman – Fri Jan 30, 4:16 pm ET

Jan. 30 (Bloomberg) -- Barack Obama’s popularity makes him a marketer’s dream. Now, the honeymoon may be over for those trying to profit from his appeal.

White House lawyers want to control the use of the president’s image, recognizing the worldwide fascination about Obama’s election, First Amendment free-speech rights :evileek2: and easy access to videos and photos on the Web.

“Our lawyers are working on developing a policy that will protect the presidential image while being careful not to squelch the overwhelming enthusiasm that the public has for the president,” White House spokeswoman Jen Psaki said.

Obama’s calls for change and his “Yes We Can” campaign mantra are being evoked to sell assembly-required furniture in Ikea’s “Embrace Change” marketing campaign, bargain airfares during Southwest Airlines Inc.’s “Yes You Can” sale and “Yes Pecan” ice cream at Ben & Jerry’s Homemade Inc. shops.

“I can’t remember this ever happening to an active politician before, as a spokesperson or as an image for a brand,” said Brad Adgate, director of research for Horizon Media Inc., a New York-based advertising agency. “He’s in the highest profile of any person in the world right now.”

Riding the wave of Obama’s popularity may become a concern when advertisers use his likeness without permission to imply that Obama is endorsing a product or cause. The White House through the years has objected to commercial use of presidential faces, such as footage of President George H.W. Bush in a Cold War-themed 1989 television ad for cold medication.

Presidential Speeches

The National Education Association is running a TV ad with excerpts from a speech Obama gave on July 5, 2007, with the group’s logo behind him.

The educators’ group has previously shown remarks by Obama in Web videos and is confident the president shares a “clear and longstanding” commitment to “real change and real reform in education,” said Steve Snider, NEA’s manager of advertising and broadcast services.

The Web site for McKinstry Co., a Seattle-based mechanical contractor that Obama visited during last year’s presidential campaign, features a YouTube clip of Obama praising its work improving energy efficiency at schools and office buildings. “As president I’ll use companies like McKinstry as a model for the nation,” Obama says. McKinstry spokeswoman Genevieve Guinn said the company bought rights to the video and hasn’t gotten any White House complaints.

Obama’s face is on a full-page newspaper advertisement by the American Coalition for Clean Coal Electricity, a lobbying group in Alexandria, Virginia.

[more]
Click to expand...
 
His likeness...grey area.

As for his words, spoken, printed or written....they're ours.
 
If it's limiting the commercial use, I can see that for both his likeness and his speeches. Just like any other celebrity. If you're going to use it it to make a buck he should have the right to say yea or nay.

If it's for political commentary, hey, he's the president and that makes him fair game. STFU and take yer medicine.
 
Loved this part.
“Yes Pe-can” ice cream at Ben & Jerry’s

Having seen his likeness all over places like CafePress et al, I can see why they'd want to limit commercial and advertising using his face and tag-lines. I can just picture the O-Bonga, f'r instance ;)
 
No idolatry of the Messiah allowed? How will his groupies otherwise express their rabid devotion to him?

small_736005.jpg
 
Does that mean that Washington's family should be getting royalties for all that money printed with George's picture on it?
 
With all the pictures of Bush plastered everywhere for the past 8 years I don't know how this administration would be able to prevent the use of Obama's likeness, nor the use of the words "yes we can". :shrug:

I think I'm going to be sick of all that hulaballoo very soon... no wait... wait... yep... already sick of it all.

Can we just get down to business already? The election is over with. We've got a country and a reputation to clean up. Thanks.
 
Sounds like they want to stop people illegally profiting from his likeness without paying royalties, but using his likeness in satire etc is A-ok
 
paul_valaru said:
Sounds like they want to stop people illegally profiting from his likeness without paying royalties, but using his likeness in satire etc is A-ok
Click to expand...
I still don't see how they're going to do that. There is a past precedent where people have created products in the likeness of past presidents without getting permission or giving royalties.

So, I can understand an objection such as this...
"The White House through the years has objected to commercial use of presidential faces, such as footage of President George H.W. Bush in a Cold War-themed 1989 television ad for cold medication."
... because it gives the impression that he is endorsing the product. Endorsement should be a permission thing, though I believe no one should use a position as formal as the President of the US to endorse any product.

But I don't see a way to stop everything... such as the Jack In The Box type toys below.

BTW, I didn't read anything about "royalties". Where did you see that?
 
The SCotUS has ruled on the public domain issue of public figures. I don't remember the case name, though.
 
valkyrie said:
I still don't see how they're going to do that. There is a past precedent where people have created products in the likeness of past presidents without getting permission or giving royalties.

So, I can understand an objection such as this...
"The White House through the years has objected to commercial use of presidential faces, such as footage of President George H.W. Bush in a Cold War-themed 1989 television ad for cold medication."
... because it gives the impression that he is endorsing the product. Endorsement should be a permission thing, though I believe no one should use a position as formal as the President of the US to endorse any product.

But I don't see a way to stop everything... such as the Jack In The Box type toys below.

BTW, I didn't read anything about "royalties". Where did you see that?
Click to expand...

Oh you can bet if there's a way around it....
 
You must log in or register to reply here.
Back
Top