You know who is my father 🧔🏻?

You know who is my father?

Malaysian rapper-director Namewee has come under fire for his latest song 🎶🎵, You Know Who Is My Father 🧔🏻?, for its provocative lyrics that mention K-pop girl group Blackpink.

Released last two Friday (May 28), the rap, which has a mix of Mandarin, English and Malay, contains a line which goes: "Always look at Blackpink and masturbate".

Namewee, 38, whose real name is Wee Meng Chee, wrote the lyrics and composed the music of the rap, as well as directed the music video 📹. Since the rap was posted on social media, it has come under relentless attack from Blackpink fans, who unleashed their fury 😡🤯🤬 in the comments section on behalf of their idols.

How much do you know about the right of publicity 🤔?

It can be difficult to determine what exactly constitutes commercial use and non-commercial use of a celebrity’s name, likeness, or identity. At what point, though, does it become downright irresponsible and exploitative to work without a full understanding of a person’s (celebrity or otherwise) rights?

Here is what you need to know to avoid the dangers ‼️⚠️ of stepping out of legal boundaries (and to stop exploiting celebrities) when it comes to using celebrity photos for advertising and social media.

The right of publicity can be violated when a company uses a celebrity’s name or likeness for advertising purposes without their explicit permission. It is for this reason that all celebrities used in advertisements or endorsements sign 🖌️ consent or release agreements.

The right of publicity is not 🙅‍♀️ violated, however, if the celebrity’s name or likeness is used in a non-commercial way. That type of use is protected by the First Amendment. Do not get too excited, though; what is defined as “non-commercial” can be a bit of a gray area (especially in the age of social media).

Let’s paint a clear picture 🖼️ of celebrity rights of publicity violations. Here are three famous cases 👇

1️⃣ Michael Jordan vs. Jewel-Osco and Dominick’s

Supermarket chain Jewel-Osco used Michael Jordan’s name in a 2009 Sports Illustrated ad that congratulated the six-time NBA champion 🏆 on his induction into the Basketball 🏀 Hall of Fame.

Next to this was an ad for Dominick’s 🥩, a fellow grocery store chain. This ad was seen as particularly egregious because it included a coupon, which suggested the ad’s purpose was (at the very least) partly commercial.

Jordan did not see 👀 these ads as innocent celebratory gestures; he saw them as misappropriations of his identity for commercial benefit. He sued 👨‍⚖️, arguing that these were violations of his right of publicity.

2️⃣ Katherine Heigl vs. Duane Reade

In April 2014, actress Katherine Heigl filed a $6 million lawsuit against pharmacy 👨‍⚕️ chain, Duane Reade, for sharing a photograph of her taken outside of a Duane Reade location in New York by paparazzi on their Twitter and Facebook channels. The tweet read, “Love 💓 a quick #DuaneReade run? Even @KatieHeigl can’t resist shopping #NYC’s favorite drugstore.”

Duane Reade did not have the actress’s approval to use her image. She accused 🧑‍⚖️ the pharmacy chain of misappropriating her image to promote its stores and implying that she endorsed their stores.

3️⃣ LeBron James vs. Great Lakes Brewing Company

In May 2017 during Game 1 against the Toronto Raptors, Cavaliers star LeBron James playfully took a beer 🍺 out of the hands of a courtside vendor.

Pictures 🖼️  and video 📹 of James holding the Great Lakes Brewing Co. beer quickly circulated, and the beer company shared this photo of the moment on Twitter to take advantage of its product’s use by a sports celebrity. James was not pleased 😠. James’s reps threatened legal 👩‍⚖️ action unless the image was taken down by the beer company for illegal use of Lebron’s likeness.

Pause Before You Exploit a Celebrity’s Image

Incidents like the ones above demonstrate why brands need to be extremely careful when using celebrities’ images without their permission in ways that could be interpreted to promote corporate goals 🥅. When it comes to social media, in particular, the difference between what is legal and fair use and what is not can be murky.

So a kind word of warning to brands: do not just take photos 📸 of celebrities and do with them as you please. By doing so, chances are that you are inherently using the name and likeness of the celebrity to endorse your brand, even if you are just reposting a paparazzi photo of a celebrity seen naturally wearing / using your brand and its products.

References:
Suzanne Sng, 2 June, 2021, Malaysian rapper Namewee's latest music video faces backlash from Blackpink fans
Tyler Cumella, Jun 14, 2017, Know the Right of Publicity, or You May Exploit a Celebrity