RE: (no subject)

Carol Kotsch wrote: "I am a librarian who is thinking of purchasing a standup cardboard celebrity figure and tacking up balloons next to it promoting reading and other library stuff. My question is, can I use phrases associated with the character or is that a no-no?"

First, about the stand-up itself: Assuming it is a photograph if some famous person, there are two potential issues: right of publicity and copyright. Right of publicity is a specifically commercial right, so if you are not using the celebrity's image to advertise, or to promote sales of merchandise, there's probably no big right of publicity risk. Regarding copyright, somebody took the photograph or made the picture that the standup is based on, and that person, or studio, or company, owns the copyright in it. One of the rights of the copyright owner is the right to publicly display the work. Thus you could buy the standup for a home decoration, but you wouldn't necessarily be within your rights standing it up in public. If the library is a public facility, the display of the standup might, at least technically, be a copyright infringement, even if, practically, it is low risk. It looks as if you are associated with a private school, however. If so, then the proposed use is unlikely to offend copyright law.

Regarding the use of phrases associated with the character: Generally speaking, short phrases are not protected by copyright. Thus you wouldn't likely be at risk of infringing anyone's copyright by putting up balloons of dialogue uttered by the character. However, short phrases CAN be trademarks (one example of a short phrase associated with a celebrity that is also a trademark is "Heeeere's Johnny!"). You'd be well advised to make sure that, in posting these phrases, you aren't suggesting an association with, or sponsorship or endorsement by, some other party, including the celebrity him(or her)self.

As a practical matter, the risk seems low, since few celebrities are likely to object to being associated with promoting reading--especially in a single private school library. However, you never know whether certain celebrities, studios, or companies may have exclusive agreements with other worthy causes that may make them more sensitive to uses of the kind you propose.

Robert C. Cumbow
 Graham & Dunn PC
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 Seattle, WA 98101-2390
 206.340.9619
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 rcumbow[_at_]grahamdunn.com
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-----Original Message-----
From: FJCL1[_at_]gateway.net [mailto:FJCL1[_at_]gateway.net] Sent: Monday, September 24, 2001 4:47 PM To: Multiple recipients of list
Subject: (no subject)

I am a first time subscriber, so here goes. I am a librarian who is thinking
of purchasing a standup cardboard celebrity figure and tacking up balloons next to it promoting reading and other library stuff. My question is, can I

use phrases associated with the character or is that a no-no?

Carol Kotsch
Librarian
St. Elizabeth Ann Seton
Wichita, Ks.
fjcl1[_at_]aol.com

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