Legal advice - Use of Celebrity Names

[topless_mx5]

I'm hoping there are some legal professionals on here who can help me.

What are the legal issues associated with using names and images of celebrities in a game? The game might be on a website or a Facebook App.

Some celebrities might claim that use of their name to make money is not allowed. But there are some games, such as console games, or Fantasy Football games which use real names of players, and they seem to get away with it.

So, what are the legal implications involved here?

[Simpo Two]

Very unlikely you can use their photos without permission, especially if advertising or endorsement is involved. However you could use their names in accurate context, eg 'I'm not as good at maths as Carol Vorderman'.

The proper way to do it is approach their agent and ask. If it's for charity or there's no money involved they will be more likely to help than if you're just using their name to make money.

[Eric Mc]

How do you know that the use of those celebrity names you have spotted in various games have not been cleared by agents etc?

My hunch is that any "celebrity" would absolutely want to ensure that they either get paid for the use of their name or, at the very least, want to vet its use so that their name is not being used in an inappropriate way.

[topless_mx5]

It is possible that every game, and every fantasy football game out there has been to every single player and team and been given the ok to use their name. But given the logistics of this, I doubt it. Some games have 100's of names on there, I imagine it would be a nightmare getting clearance from every one of these.

[pokethepope]

They don't go to every player indiviudally, there are assoications for these kind of things. e.g. EA goes to FIFA, or the PFA or someone, negotiates a deal and then can use every players name in FIFA games.

[Eric Mc]

topless_mx5 said:

It is possible that every game, and every fantasy football game out there has been to every single player and team and been given the ok to use their name. But given the logistics of this, I doubt it. Some games have 100's of names on there, I imagine it would be a nightmare getting clearance from every one of these.

No one said it would be easy.

You should see the trouble kit and model makers have to go to to get all the licence arrangements sorted before a model or kit can be put into production. Look at a Formula 1 car and all the team sponsors, the manufacturer, the drivers (and their sponsors) asscoiated with the team you can see how awkward and expensive licensing can be.

Edited by Eric Mc on Sunday 21st November 14:23

[NDA]

I wouldn't risk doing it without getting clearance. They (the celebrities) would sue you and your business would go pop fairly quickly.

[Mojooo]

There was a time when FIFA football game had real player names and Pro Evo didn't. I think Pro Evo eventually stumped up for a lcience to use the names as FIFA had done (fifa may have issued the licence to themselves)