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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31183
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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PowerPro Sports LLC, is the owner of Powerchute Golf product

Customer Question

PowerPro Sports LLC, is the owner of Powerchute Golf product and the maker of the Powerchute Jack Nicklaus video on Youtube date April 2010. My question is , can PowerPro Sports use this video in our national marketing campaign if we don't have written approval form Jack Nicklaus ? THX
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you're going to use Nicklaus' name, likeness or use of the product in an effort to promote/market/sell your product, you'll need his permission as all accounts are going to opine that you're claiming that he endorses the product.

Expert:  Roger replied 1 year ago.

With a celebrity, they have rights and a financial interest at their name being associated with a product......so, if you're making money off of his name based on use or endorsement, then his permission would be needed to avoid legal exposure.

Customer: replied 1 year ago.
Nicklaus agreed to do the video 6 years ago for our company and told us that we could use it to market and sell our golf product, we now want to run a national marketing campaign and the marketing company asked for an approval letter form Nicklaus, if its been on Youtube for over 6 years why would we need approval since he did the video and told us we can use it..
Expert:  Roger replied 1 year ago.

If you have permission from him in writing, then you should be ok. If you don't have permission in writing, then you should reach out and try to get written permission to protect yourself.

Customer: replied 1 year ago.
Since PowerPro Sports is the owner of the POWERCHUTE that is a patented product and we paid video with Nicklause , can PowerPro Sports copyright the video ?
Expert:  Roger replied 1 year ago.

It's likely that the creator of the video already has copyright protection under common law.....but that's a different issue than the publicity rights/endorsement rights that Nicklaus would have. So, the main issue is getting permission in writing from him before proceeding.

Customer: replied 1 year ago.
your saying that PowerPro Sports needs written permission to use a video that we produced, paid for and Nicklaus verbally told us that we could use it to market and sell our product. Your saying that his word is no good unless it is in writing ? thx
Expert:  Roger replied 1 year ago.

To respect the publicity rights of Nicklaus, yes. Him giving you the verbal ok is a good sign that he'll sign a license agreement.

Expert:  Roger replied 1 year ago.

But, if you proceed without getting his written permission, you're opening yourself up to potential exposure.

Customer: replied 1 year ago.
ok thx
Expert:  Roger replied 1 year ago.

Sure and good luck with this going forward!

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