{"id":1729,"date":"2021-10-12T02:46:32","date_gmt":"2021-10-12T06:46:32","guid":{"rendered":"https:\/\/advertisingweek.com\/aw360\/2021\/10\/12\/when-is-it-okay-to-use-famous-faces-in-your-marketing-materials\/"},"modified":"2026-07-17T10:44:41","modified_gmt":"2026-07-17T10:44:41","slug":"when-is-it-okay-to-use-famous-faces-in-your-marketing-materials","status":"publish","type":"post","link":"https:\/\/advertisingweek.com\/aw360\/news\/when-is-it-okay-to-use-famous-faces-in-your-marketing-materials\/1729\/","title":{"rendered":"When Is It Okay to Use Famous Faces in Your Marketing Materials?"},"content":{"rendered":"\n

Head of Shutterstock\u2019s Rights and Clearance department, Corky Balch, discusses the legality of using famous faces for your next campaign.<\/h2>\n\n\n\n

Want to include an image of Muhammad Ali in your next ad campaign but don\u2019t know if you have the rights, or how to go about getting them? Using iconic figures to promote brands and services is a perennially popular strategy, but it\u2019s not always a fast one. There are often legal issues to consider, third-party permissions to obtain, and negotiation tactics to employ.<\/p>\n\n\n\n

The good news is Shutterstock<\/a> recently launched its first-ever in-house Rights and Clearance service, meaning we\u2019re here to help you, our customer, deal with the ins and outs of the process.<\/p>\n\n\n\n

To give you a taste of how it all works, we\u2019ve enlisted Corky Balch, head of the Rights and Clearance department, to answer some of your burning questions. Here goes . . .<\/p>\n\n\n\n

\"Mohammed
Boxer Muhammad Ali. Image via George Silk\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>.<\/em><\/figcaption><\/figure>\n\n\n\n
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Burning Question: I\u2019ve licensed a photo of a famous person from Shutterstock. Does that automatically mean I can use the image to promote my brand?<\/h3>\n\n\n\n

Nope. Take a look at our Life<\/em> collection<\/a>, for example: Shutterstock, through Life<\/em>, can license the copyright to a photo in that collection, but Shutterstock cannot grant any rights or make any warranties for who is depicted in the photo, because we do not have a model release.<\/p>\n\n\n\n

In other words, we don\u2019t represent the famous person in the image. So, we\u2019d need to go and get their permission and negotiate a bespoke deal.<\/p>\n\n\n\n

\"Marilyn
Actress and model Marilyn Monroe<\/a>. Image via Alfred Eisenstaedt\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>.<\/em><\/figcaption><\/figure>\n\n\n\n
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Burning Question: Why doesn\u2019t Shutterstock have model releases for images of famous people?<\/h3>\n\n\n\n

Because those images were shot for editorial purposes. Newspapers, documentarians, publishers, and blogs generally don\u2019t need to have a model release to use that content. However, if a client wants to use the photo of a celebrity to promote themselves, to advertise a product, brand, or service, they do <\/em>need to think about the lack of model releases. What Rights and Clearance does is offer a path for advertisers to clear additional rights that we don\u2019t represent.<\/p>\n\n\n\n

\"Elvis
Singer Elvis Presley<\/a>, Prime Minister Winston Churchill, and actress Sophia Loren<\/a>. Images via Al Fenn\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>, Alfred Eisenstaedt\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>, and Alfred Eisenstaedt\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>.<\/em><\/figcaption><\/figure>\n\n\n\n
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Burning Question: Do I need a model release if the person I want to feature is dead?<\/h3>\n\n\n\n

I can\u2019t give an easy yes-or-no answer. First, you need to understand right of publicity, or a person\u2019s right to control the commercial use of their image, whether they\u2019re famous or not. Right of publicity laws are different in every single country around the world, with some laws offering more protection after a person\u2019s death than others.<\/p>\n\n\n\n

In the U.S., those laws are statutory, meaning they vary from state to state. California, for instance, recognizes a person\u2019s right of publicity for seventy years after they\u2019re dead, and during that time, their estate controls how advertisers may use their likeness.<\/p>\n\n\n\n

For argument\u2019s sake, let\u2019s say you want to use the image of a celebrity whose right of publicity is no longer protected. That doesn\u2019t necessarily give you the green light to move ahead with that person\u2019s image. Because, although you may be in the right legally, the famous person\u2019s estate may still come after you very, very aggressively saying, \u201cYou can\u2019t do that.\u201d Especially if they don\u2019t like the context in which you\u2019re using their client\u2019s image.<\/p>\n\n\n\n

\"Dr.
Dr. Martin Luther King Jr. addresses a crowd of demonstrators outside the Lincoln Memorial. Image via Francis Miller\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>.<\/em><\/figcaption><\/figure>\n\n\n\n

So, depending on the public figure and the team that represents their estate, you might want to obtain third-party rights to the photo. Or, you might consider something like Shutterstock\u2019s Asset Assurance<\/a>, which is our indemnity where we don\u2019t clear rights, but we do protect customers from potential model or property claims.<\/p>\n\n\n\n

To be clear: We would absolutely go the route of clearance if we were legally obliged to do so. The only reason we wouldn\u2019t do a clearance is if the person or the property featured in the photo doesn\u2019t actually have any legal rights. It\u2019s a legal assessment, so our team would weigh the risk.<\/p>\n\n\n\n

\"Rosa
Civil Rights activist Rosa Parks and scientist Albert Einstein. Images via DMI\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a> and Alfred Eisenstaedt\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>.<\/em><\/figcaption><\/figure>\n\n\n\n
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Burning Question: Let\u2019s say the celebrity is alive. How does the clearance process work?<\/h3>\n\n\n\n

We need to see everything the client wants to do with the photo, their entire creative plan, because the celebrity\u2019s team will want to see that.<\/p>\n\n\n\n

For example, if we\u2019re clearing Gwen Stefani<\/a>, Gwen Stefani\u2019s agents, and Gwen, will want to see absolutely everything the client is going to do: How is the image going to be used and where? Is it just going to be used in one country or is it global? Is it going to be online? In print? And, how long are they going to do it for? Six months? One year? Five years? All of these factors are going to affect the price.<\/p>\n\n\n\n

\"Amelia
Aviatrix Amelia Earhart and wild-eyed surrealist Salvador Dal<\/em>\u00ed<\/em> . Images via Life Picture Collection\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a> and Yale Joel\/\u200bThe LIFE Picture Collection\/\u200bShutterstock<\/a>.<\/figcaption><\/figure>\n\n\n\n
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Burning Question: How long does the clearance process take?<\/h3>\n\n\n\n

It can take a few days. It can take a few weeks. In some cases, it may take a month or longer, depending on the complexity of the negotiations and the contracts.<\/p>\n\n\n\n

Remember, we rely on the discretion of third parties. We are not agents for these famous people. But, because we have a lot of experience doing this and a lot of very good contacts, we can do it efficiently in terms of time and cost. Initial assessments are free and the sooner you involve us in the process, the greater your chance of successfully clearing the content.<\/p>\n\n\n\n

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A few tips and advice for your next marketing campaign from Shutterstock:<\/p>\n\n\n\n