Monday, May 5, 2014
Wants to Use Bicycle Race Footage for Trade Show
Commercial use? You state that the content is identical in form to editorial content. That may be so, but your purpose -- like an informative advertorial or infomercial -- is to sell your products and services, not to present information about the bicycle race. Having a commercial purpose doesn't mean you will run into trouble but it opens up the possibility of trademark or right of publicity claims. We think the odds of such claims happening are low but if the race organizers (or race sponsors) or the individual riders see the presentation and perceive themselves as endorsing your company, then the aggrieved parties can chase you under these two theories of law. If you're still concerned, you can lower your odds of running into problems, by blurring out race logos, sponsoring trademarks and individual riders that are easily recognizable.