Used one of her images on the outside carton without consent.
I even read somewhere (not sure if in that article) that one fan said they’d buy the TV just because her face was on the box.
That’s crazy.
Anyway, copyright and all that. I wonder where this ends up.
Good for her. She might not object to being associated with Samsung as a company, but once her image is used like this without permission, it becomes easier for others to argue that the image is in the public domain and is therefore free use.
Well clearly Samsung are profiting from her image if fans are buying the TV because her face is on it.
In the US, Rights of Publicity are governed state by state. PITA when doing image acquisition sometimes.
Samsung is in South Korea. Looks like they protect a person’s likeness.
Hope she gets a good settlement.
I’m not saying Dua Lipa is wrong. In her case her image is used differently, but it does make me wonder about other boxes. I know at least when I go to big box stores in the US and see their TV packaging many boxes look simialr to this:
Does Vizio clear rights with Disney for the Loki promo? Does Tom Hiddleton need to get his cut or clear it? And they are smaller but what about Warner Bros for the Superman image or Dreamworks for Boss Baby?
I’m truly curious. The Dua Lipa one is stranger in that it doesn’t seem to be showcasing a show or app. But clearly other companies use copyrighted imagery on their packaging.
Here is a TCL that less prominently displays Disney+, Xmen, Masters of Air (Apple TV), Shogun (FX/Hulu).
Just at a guess, they’re TV shows and actors, who have their image already with a streaming service, so if a streaming service has partnered with say Google or Android or Apple, then the copyright of the actor would be with the studio - who makes the deal with the TVs to sell the Smart TVs.
Where Dua Lipa - or other artists wouldn’t have the same deals.
Just a guess.
Not a lawyer, but the broadcast stuff we deal with, yes, you have to get permission to use imagery that belongs to Disney, Apple, or whoever owns the copyright to the imagery you intend to use. Otherwise it might be considered a false endorsement, among other things.
Looking at the Vizio sample @CraigB posted, I wouldn’t be surprised if the TV manufacturers sold those spots as advertising to studios wanting to promote their latest movie or streaming series.
