Friday, February 13, 2009

QUESTION: Does Obama Have a Right Now To Not Be Put On Merchandise?

Over the last 8 years, a small cottage industry developed and was created to insult and defame now-former President Bush. It was fun! Anti-Bush merchandise was everywhere and was fun to look at sometimes. Selling your own anti-Bush shirt meant being more clever and smart than the next guy... and getting there early. I didn't have either so my anti-Bush designs never took off.

Enter #44, President Obama. I wrote previously about how his image was used on just about everything (literally) and how I thought it was tacky. In turn, the Obama team is trying to stop it... which doesn't seem like a good thing to some degree.

You have two things at work here that you need to keep in mind: On one hand, you can't use the image of a celebrity to promote something without their permission. On the other hand, a publicly elected official tends to loose those rights. The First Amendment protects everyone to allow them to insult, defame, and parody the President anyway they want without needing rights to do so. You can make money insulting the guy, and no one can do a thing.

On the other hand, you have businesses using the President in a positive way to attract business. It isn't parody at this point, it's getting a false endorsement.

At this point, I can't say I have an actual view on this yet. I'm angry and think it's wrong for the Obama administration to clamp down on people for using his likeness because we have laws stating that, well, your allowed to. This could set a terrible precedent in the future with other leaders and not being allowed to parody or insult them.

This is a pretty thorny issue and, really, only time is going to tell...

Photo: Shazmosis

Article: No, You Can't Commercialize Obama

1 comment:

Anonymous said...

I also have mixed feelings on it, but lean towards the administration should be more concerned with the real problems at hand.

Good layout of the issues at hand.

- Travis