Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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.
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.
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.
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.
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.
But, if you proceed without getting his written permission, you're opening yourself up to potential exposure.
Sure and good luck with this going forward!