Posted on 08/05/2008 12:18:51 PM PDT by Red Steel
HOLLYWOOD, CA (Hollywood Today) 8/5/08 There has been a major backfire with presidential candidate John McCains TV ads comparing Barack Obamas rock-star status and intelligence to celebrities Paris Hilton and Britney Spears.
Not only has the highly- influentional Hilton family struck back, who once donated to McCains campaign, about the affront to their offspring, fans across the nation are riled by the commercials offending their women, no matter how controversial they may be.
Moreover, Paris can sue McCain in many states who have right of publicity laws. Simply stated, you cannot use a person image to sell anything without their approval and likely a large check. Try using Michael Jordans face in your TV ad without permission and see how many lawyers call by 9 a.m..
The question will be is selling votes a sale? Political speech, like HT has First Amendment rights to run a public figure, yet TV ads may be an exception yet this may be a question for the Supreme Court. Obama may wish to run a Bruce Springsteen song or face on his ads, but he cant without permission.
A spokesman for Paris Hilton complained that Miss Hilton was not asked, nor did she give permission for the use of her likeness in the ad.
Paris may be blonde, but like Madonna, is anything but dumb. She has multiple corporations, a fashion line, makes her TV appearances and board meetings on time and has kept out of trouble. She is still young and rich, so subject to any rock star-like messes but she can be cool as any CEO.
Similar with Britney, who is worth as much many women in business. Yet McCain played them as bimbos and compared them to Obama as one. McCain on Friday denied that his campaign had taken a negative turn, saying, We think its got a lot of humor in it, were having fun and enjoying it.
Paris Hiltons mother doesnt share McCains frivolity. On Sunday, Hiltons mother, Kathy Hilton, a McCain donor, registered her disapproval, calling the ad a complete waste of the money John McCains contributors have donated to his campaign.
Kathy Hilton and her husband donated a total of $4,600 to McCains campaign earlier this year.
How does the paparazzi stay in business?
You can take someone's picture and put it in a news story. But you can't use a celebrity's picture as your logo or corporate mascot or some other commercial purpose without their permission.
Using Paris or Britney's pictures or names in a political ad would seem to fall into the latter category.
actually political speech is a fair use issue, also she is a public figure because she has assummed the role of public figure.
(see Arhnold the governor public figure)
Is there anyone who isn’t offended by something and ready to blow a gasket? Anyone?
Could you, for example, take Tom Cruise's face and name (without his permission) and create a brand of Tom Cruise Salsa or whatever? Of course not. And you couldn't use his name and face as part of a political ad, either, without his permission.
“Whore Off”
credit South Park
Using Paris or Britney's pictures or names in a political ad would seem to fall into the latter category.
But a political ad is NOT a commercial purpose/venture as such, so how do you opine this to fall into that category?
LOL.
Indeed he SHOULD apologize to Paris Hilton for comparing Barack Hussein Obama’s intelligence to hers. She’s not THAT dumb!
Since when did Paris worry about attention? At least they used one that didn’t show all the unclothed anatomy of many Paris pictures available to just about everyone.
I think she meant it was like totally completely wasted.
He’s in the public domain...I think you have some leeway when you’re dealing with celebrities esp if we’re dealing with ideas not endorsements.
I fail to see where Hilton and Britney are endorsing McCain. What they represent in the ad is an “idea” a persona of American culture. The same as Marilyn Monroe.
Hey, let’s face it. Any attorney can file a lawsuit on anything they wish, and if they can convince a jury prevail..
I think it would be expensive and illadvised to sue, but I wish they would.
Oh please, what a pants load this is. Only leftists are upset and Paris can’t be sued for being thought a slut, she is.
It doesn't matter. The Red Cross is a non-profit organization, but they couldn't use a celebrity's name or face for their ads without their permission.
A celebrity has legal right to their name and face, generally. You need their permission to use them for any purpose. The media gets a pass under the 1st Amendment as they are just reporting the news (no matter how inane, in the case of celebrities).
McCain is one of the few men who has made a video featuring Paris dressed.
The Hiltons are so self important...all of them. As a frequent traveler, I’ll pull my donations to the Hiltons and stay at another hotel.
You may be thinking of libel/slander law, where being a public figure makes a difference under the law. If anything, being a celebrity/public figure makes your name/image more valuable, so you have more to protect when it comes to their unauthorized use.
Whatever Hollywood Today is...did it REALLY publish a headline using an apostrophe for a plural?
Shame, shame...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.