You got THE idea for your new project. You need a testimonial, maybe from a celebrity – but stars are very expensive these days and picky to boot. So the thought of simulating a scene can be very tempting.
It sounds simple: dark glasses, a sharp hat and some smooth moves – and you already have “Michael” dancing through your project. Blond curls, sexy halter top dress, a wind machine and we have a “Marilyn”. Want to create the “Godfather” making an offer no one can refuse? All you need is to find the right smoky voice.
Quite a pity then that none of this is allowed. Well, the copying actually is, but not any usage or publication within your production. This is because the laws of personality rights do not only protect any original image, film and video shots of a person, but also simulated scenes, which contain deliberate recognition of a person. The protection applies to imagery of people and celebrities who are alive, but also in many cases to those who are dead.
For example, you are not allowed to use either Marilyn Monroe herself or her double as a testimonial, because re-enactment of popular scenes falls under the same copyright protection as the original scene. The same goes for words (e.g. speeches) and other imitations. All usages have to be cleared by the copyright owners prior to any implementation to a secondary production.
You will be on the safe side, if you contact us in the early stages when bringing your ideas to life. We are here for you to provide knowledgeable support and clearance service!