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Is it allowed

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" Regarding the issue of right of publicity: this is a state-based right. These rights vary sometimes significantly from state-to-state." U.S. justice/ government website.

So maybe the answer is: it depends. On where the photo was taken, where it was sold, whose photo (can they prove right of publicity? are they famous enough?), and can damages be proven. I suppose it’s like any other legal matter: only the lawyers will actually benefit. But selling a $5 gig, realizing $4, means you’ll need an awful lot of sales to pay a lawyer’s hourly rate.

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Yes, it depends on so many variables. It’s not an issue that can be asked, or realistically answered on a Forum.

Having spent 40+ years in business, radio, tv, stage and entertainment, I’ve been on both sides of the legal argument, with wins and losses.

In any business endeavor involving use of any intellectual property, even with the remotest possibly that someone or some entity could make a claim against, the best advice anyone can give (and should listen to) is; talk to a qualified attorney (or two) in your area.

I use the services of a business attorney, an entertainment attorney and a trademark attorney, and with all three, the general modus operandi is; "When in doubt, leave it out."

Due diligence and best practices should be part of any solid business plan.

Good luck! 🙂

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