If I have a business that sells sports fan accessories, can I have a picture of a professional athlete or his jersey on my website even though I am not selling the jersey?

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If I have a business that sells sports fan accessories, can I have a picture of a professional athlete or his jersey on my website even though I am not selling the jersey?

Asked on December 2, 2014 under Business Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Only with the athlete's permission, which will generally require having to pay him or her (or his or her agent, etc.) a licensing fee. That's because no one may use the image of anothe person for commercial gain (and using it on your website to help advertise and promote your products is for commercial gain) without that person's permssion, and the person has the right to impose conditions and/or charge money for the use.


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