President Obama on Billboard – Why It’s Not Legal

At the White House’s request, the Weatherproof Garment Company has agreed to remove the Times Square billboard showing President Obama wearing a coat manufactured by the company. The picture of President Obama was taken during his November trip to the Great Wall of China. You can see the controversial billboard here.

When Are Images of Public Figures Okay?

It is permissible to use a public figure or celebrity’s image in an editorial context. That’s why we see images of public figures and celebrities in the news. It’s also permissible to use images of famous people in other non-commercial contexts. For example, artist Rick Rush’s limited edition print, The Masters of Augusta, featuring Tiger Woods historical victory at the 1997 Masters Tournament is a use of Tiger Woods’ image that is legal and is protected by the First Amendment – even though Tiger Woods did not consent to the depiction.

When Are Images of Public Figures Not Okay?

In contrast, using the image of a public figure or celebrity in an advertisement without consent is a violation of the person’s right of publicity. The right of publicity allows each individual to control and profit from the commercial value of his or her own identity. In my mind, the Weatherproof Garment ad is clearly commercial. Lucky for the Weatherproof Garment Company that President Obama is quite busy at the moment and has little free time to initiate a lawsuit.

My Personal Query about Times Square BillBoards

What is the deal with these Times Square billboards anyway? They seem to be a magnet for infringing advertisements. See my previous blog postings about the Naked Cowboy M&M billboard at Times Square and the Woody Allen American Apparel billboard (perhaps not right in Times Square but definitely in NYC).