Sarkozy and Berlusconi in an embrace, dancing on Queens day. This picture is all over Amsterdam at the moment. It is an advertising by the city of Amsterdam to raise awareness to foreigners about the vibrant Queen's Day on April 30th. Sarkozy is not amused and he already strongly protested through the Embassy. However, does he have a legal basis for his protest? Celebrities have a legal right to object to the use of their portrait in advertisements. Is is generally accepted that this right also applies to politicians. The reasoning behind this is that the advertisement wrongfully gives the impression that the politician has agreed to be published in an ad. Is it always prohibited? Fortunately, it is not. Sometimes it is allowed to picture celebrities in an advertising, for instance at special occasions and placed in a context that no one will ever get the impression that the well known person has formally agreed. Sarkozy and Berlusconi are portrayed in orange clothing for the promotion of the city of Amsterdam at the Queen's festivities. Of course, really no one will ever believe that Sarkozy or Berlusconi has given permission for this ad. I think that this is one of the situations that it is allowed to use a politician in advertising. One who likes to know more about this subject: in a few weeks an article will be published where I will defend this position (published in a book about Portrait rights, to mark the 30th anniversary of the commercial portrait rights in the Netherlands). By then this article can also be found on our website: www.hoogenhaak.nl.
Ebba Hoogenraad, advertising lawyer in the Netherlands
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office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
post PO Box 76780 1070 KB Amsterdam e info@hoogenhaak.nl f +31 (0)20 - 305 3069 chamber of commerce 34314579 |
Sarkozy and Berlusconi in an embrace, dancing on Queens day. This picture is all over Amsterdam at the moment. It is an advertising by the city of Amsterdam to raise awareness to foreigners about the vibrant Queen's Day on April 30th. Sarkozy is not amused and he already strongly protested through the Embassy. However, does he have a legal basis for his protest? Celebrities have a legal right to object to the use of their portrait in advertisements. Is is generally accepted that this right also applies to politicians. The reasoning behind this is that the advertisement wrongfully gives the impression that the politician has agreed to be published in an ad. Is it always prohibited? Fortunately, it is not. Sometimes it is allowed to picture celebrities in an advertising, for instance at special occasions and placed in a context that no one will ever get the impression that the well known person has formally agreed. Sarkozy and Berlusconi are portrayed in orange clothing for the promotion of the city of Amsterdam at the Queen's festivities. Of course, really no one will ever believe that Sarkozy or Berlusconi has given permission for this ad. I think that this is one of the situations that it is allowed to use a politician in advertising. One who likes to know more about this subject: in a few weeks an article will be published where I will defend this position (published in a book about Portrait rights, to mark the 30th anniversary of the commercial portrait rights in the Netherlands). By then this article can also be found on our website: www.hoogenhaak.nl.
Ebba Hoogenraad, advertising lawyer in the Netherlands