Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#1

Post by RaceWon » Sun, Nov 24, 2019, 10:09 PM UTC

Hi HN! Deciding on marketing for a lifestyle brand: if for example I said in an ad "Someday Even Tiger will be wearing these" with a shopped pic of Tiger Woods wearing my golf gloves with my logo, is this legal?

If not, what work around might be? Would a disclaimer work?

Thanks in advance for the brainstorming :)

PS: it is not a golf related brand.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#2

Post by pwg » Sun, Nov 24, 2019, 10:09 PM UTC

> is this legal

Consult a lawyer.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#3

Post by GrumpyNl » Sun, Nov 24, 2019, 10:18 PM UTC

Its advertising using his face to promote your brand.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#4

Post by gus_massa » Sun, Nov 24, 2019, 10:30 PM UTC

GrumpyNl wrote: post #3

Its advertising using his face to promote your brand.

Also, the original photo has a copyright, so the photographer can sue too.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#5

Post by omarchowdhury » Sun, Nov 24, 2019, 10:33 PM UTC

Doing this for commercial purposes without the expressed permission of the featured person is a violation: https://en.wikipedia.org/wiki/Personality_rights

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#6

Post by ddingus » Sun, Nov 24, 2019, 10:58 PM UTC

Why in the world would you want to exploit someone like that?

For things like this, turn it around. What if it were you?

You find a photoshop with your face using new sex toy, for example. And the slogan:

"One day, even people like RaceWon will be all in!"

:D

Also, laugh. Meant it to be funny, and thought provoking.

There are other ways.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#7

Post by atypicality » Mon, Nov 25, 2019, 12:43 AM UTC

If you're asking, then you likely believe in the very least it sits in a gray area.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#8

Post by RaceWon » Mon, Nov 25, 2019, 12:51 AM UTC

atypicality wrote: post #7

If you're asking, then you likely believe in the very least it sits in a gray area.

> you likely believe in the very least it sits in a gray area.

Yes I do, but gray is not black.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#9

Post by RaceWon » Mon, Nov 25, 2019, 1:02 AM UTC

omarchowdhury wrote: post #5

Doing this for commercial purposes without the expressed permission of the featured person is a violation: https://en.wikipedia.org/wiki/Personality_rights

> Doing this for commercial purposes without the expressed permission

Terrific information via wiki... thanks.

Re: Ask HN: Can I Photoshop Athletes wearing my gear if I worded it carefully

#10

Post by RaceWon » Mon, Nov 25, 2019, 1:03 AM UTC

pwg wrote: post #2

> is this legal Consult a lawyer.

> Consult a lawyer

Sage advice.