# At what point does my image/name not mine to control **URL:** \ **Category:** Factual Questions\ **Created:** [April 3, 2020, 6:01pm UTC](https://boards.straightdope.com/t/at-what-point-does-my-image-name-not-mine-to-control/850981 "2020-04-03T18:01:00Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![Edward\_The\_Head](https://avatars.discourse-cdn.com/v4/letter/e/ce73a5/32.png) [@Edward\_The\_Head](https://boards.straightdope.com/u/Edward_The_Head)\ **Post date:** [April 3, 2020, 6:01pm UTC](https://boards.straightdope.com/t/at-what-point-does-my-image-name-not-mine-to-control/850981/1 "2020-04-03T18:01:00Z")
I’ve often wondered at what point can someone start taking photos of someone to sell, write autobiographies, or make a movie about them. I understand that newspapers and TV news can do stories about you if you’ve done something ‘newsworthy.’ I also know that paparazzi can take photos of people in public and sell them. Today though, I learned that [Dr. Fauci will be made in to a bobble-head](https://apnews.com/dcf52574739ca0b9c574055acc7f018f). He said “That’s nice if people want to do it.” so it seems he didn’t know anything about it. I would have thought that they would need his permission to sell his likeness, but it seems they don’t. They’ve made movies about Richard Jewell, Capt Sully, and a few other recent bigger newsworthy events. Do the movie companies have to get permission from those people, or can they just go ahead and make the movie? And if someone can make a bobble head of Fauci, what’s to keep them from making one of other famous people? ---
**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\ **Post date:** [April 3, 2020, 11:07pm UTC](https://boards.straightdope.com/t/at-what-point-does-my-image-name-not-mine-to-control/850981/2 "2020-04-03T23:07:59Z")
I seem to recall that if you are a “public figure” you don’t have much control over your image. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [April 3, 2020, 11:56pm UTC](https://boards.straightdope.com/t/at-what-point-does-my-image-name-not-mine-to-control/850981/3 "2020-04-03T23:56:44Z")
As a general rule, you have no control over your name or image so long as there is a legitimate public interest in the publication, which is sort of circular as nobody would publish anything about you unless there was such an interest. However for purely private persons regarding purely private matters, there is still invasion of privacy torts that protects you from having your neighbor write tell-all books about you. Think of all the movies and documentaries about Hitler, for example. That would be a serious suppression of a lot of stuff if the author/producer had to get his living next of kin’s permission. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [April 4, 2020, 1:42am UTC](https://boards.straightdope.com/t/at-what-point-does-my-image-name-not-mine-to-control/850981/4 "2020-04-04T01:42:18Z")
If anyone sells Dr Fauci bobbleheads in California, they should exercise caution. California Civil Code § 3344 > [@](#): > > (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.  In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages.  In establishing such profits, the injured party or parties are required to present proof only of the gross revenue attributable to such use, and the person who violated this section is required to prove his or her deductible expenses.  Punitive damages may also be awarded to the injured party or parties.  The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs. ---
**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\ **Post date:** [April 5, 2020, 2:22pm UTC](https://boards.straightdope.com/t/at-what-point-does-my-image-name-not-mine-to-control/850981/5 "2020-04-05T14:22:31Z")
Right of publicity varies by state. For the most part you can make a movie or write a book about whoever you want subject to libel laws. You can take pictures of public events and whoever takes the picture has the copyright. You can not use an image of a person to imply endorsement or use their name or image to make money. Selling bobble heads is not an artistic endeavor and would not likely be allowed if Fauci wanted to stop it.