So what do you think about this?

[dbphotos]

Not a political discussion, but a discussion about the use of the President's image. I personally think it's going to be really hard to enforce and ultimately if this question makes it to the SCOTUS, it will be shot down based on 1st Amendment rights.

What's your thought?

Here's the Bloomberg report: http://www.bloomberg.com/apps/news?p...d=aY4JojiQVy4c


http://www.shoppingblog.com/cgi-bin/...?sblog=1310911

White House Wants to Limit Commercial Use of President's Likeness

Obama Action FigureBloomberg is reporting that the White House wants to control and limit the usage of the president's image. Bloomberg quotes White House spokeswoman Jen Psaki as saying, "Our lawyers are working on developing a policy that will protect the presidential image while being careful not to squelch the overwhelming enthusiasm that the public has for the president."

Psaki wouldn't provide details about legal options the White House counsel's office is considering to deal with commercial use of Obama's likeness.

The White House lawyers may have to make case-by-case determinations about the best ways to protect the presidential image without tempering enthusiasm or trampling on free-speech protections, said Jonathan Band, an intellectual property lawyer in Washington.

"It will be difficult," Band said. "Because he is the president of the United States and there was this campaign and everyone's proud, I think the First Amendment will be applied much more broadly with respect to people wanting to use an image of the president than it would be with typical entertainment figures or sports figures."

Princeton University historian Fred Greenstein told Bloomberg that newsworthy figures invite parody.

"Its par for the course," he said. Presidents have all been imitated, positively and negatively, in one form or another, he said. "When you have really newsworthy and dynamic figures they invite parody, they invite idolizations, they invite imitation in one mode or another."

It's unclear how exactly the White House could limit usage of the president's likeness on products. Legally they may not be able do very much because of free-speech rights, but it seems wrong that companies are using Barack Obama's image to suggest he is endorsing a brand. False advertising laws could help if corporations are alleging the President said something he did not say. There have been scads products created over the years featuring the likenesses of past presidents, without any White House interference.

[Dobick]

I think the President Obama action figure is a lot more flattering than the

The Hillary Nutcracker

or the
Corkscrew Bill


In my non-legal opinion, as long as they are not saying that President Obama is endorsing product "X" then I don't see too much problem with it.

If it does turn out illegal, then this guy will surely be first to be targeted for take down...http://twitter.com/POTUSbarry1961

[Cope]

I find it somewhat hypocritical that the White House wants his likeness controlled now that he is elected, but his minions wanted it plastered all around before the election.

[nastytrucker]

Oh no, I dont like where this seems to be leading. I agree that the Presidents image should be free use because he is a newsworthy figure and he made the decision to run for office. I do, however feel it is disrespectful for his image to be used in an inappropriate manner such as President Obama smiling with a thumbs up, and a Nike Swoosh in the background.

[Daniel Bates]

Let's do our best to keep this apolitical, shall we?

[cooltouch]

To me this is clearly a 1st Amendment issue. When I think of the often unflattering renderings done by political cartoonists of almost every president over the past few decades, it makes me wonder if the White House will target these folks as well. If they do, I think they will lose in the courts. However, I do agree that the use of the POTUS's image for commercial purposes (as if to indicate endorsement, for example) is inappropriate.

Hope that was apolitical enough.

Best,

Michael

[Cope]

I guess it all depends on what they call commercial use. Selling Obama running shoes, or selling tee shirts with his likeness is one thing, for the media to use a "stock" image of him with a news story is another thing entirely.

[Imagebuffet]

"Our lawyers are working on developing a policy that will protect the presidential image while being careful not to squelch the overwhelming enthusiasm that the public has for the president."

I am extremely concerned by exactly what that statement means. It sounds like only supportive, positive or flattering uses of Obama's image would be tolerated. I hope it does not mean that critics are banned from using Obama's image.

[mmuhlenkamp]

I don't see how they can enoforce anything against using his image, I've seen Kia ads using an "obama" likeness for a while now, but I would consider that parody. And parody is free speech.

Part of what makes America great is that we can make fun of our leaders (good or bad) without fear, anyone watch/read "V for Vendetta"? If that kind of stuff starts getting controlled where will it stop?

[toverman]

George Washington called ... he's still miffed that his likeness is on only the quarter and the $1 bill.

[Breezy]

LOVE IT!

Originally Posted by toverman

George Washington called ... he's still miffed that his likeness is on only the quarter and the $1 bill.