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« Clematis | Main | Cameroon: Alex Song to start World Cup on the bench »

Thursday, 10 June 2010

Comments

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Elton Ellis

I must be missing something b'cuz i don't see the fascination with this dude and others like him. Is he slow or something?

Facter

The point of the article is that no one should be cheated, not even those who are "slow or something"

Facter

Puma is a rough player and it is in the blood. Puma and Adidas were founded by two German brothers who would not see eye to eye. Its an interesting story. Would Puma compensate Ngando Pickett ever?

http://www.newsweek.com/2008/04/13/a-tale-of-two-sneakers.html

limbekid

A legal practitioner friend explained to me, why Puma is not legally bound to compensate Ngando Pickett. His explanation went thus:

Puma has the rights to the image of the Cameroon National Football team, and can exploit it within the boundaries of the contract. The role of Ngando Pickett (national team mascot) has not been endorsed by any authority (FECAFOOT, MINJES...), as such, eventhough Ngando`s image may be recognised and synonymous with the national football team, he is only playing an assumed role. To grant him compensation would open the flood gates for any other spectator filmed without permission.

Having said that, I guess Puma could grant him discretionary compensation, to avoid negative publicity.

legal eagle

Limbekid, your lawyer friend is definitely not an expert on the use of a person's image in copyright law. There is a clear distinction of using a person's image for public use (e.g., in a newspaper story, to reinforce a story, etc. which is always free and does not require the permission of the individual), and the use of that image for advertisement purposes (i.e., to make money, to sell a product). In that case, the complex copyright rules come into play and in this instance, Puma is on shaky ground.

The only instance that Puma can hide behind Fecafoot is if there is an explicit contract between Puma and Fecafoot stipulating that Puma is free to use all things Indomitable Lions for advert purposes. And as you rightly point out, Ngando is an unofficial mascot, so even if such a contract exists, Ngando is not bound by it since he doesn't officially "belong" to FECAFOOT or to the national team.

Anyone who has attended shows in the US such as the Jay Leno show will recall that they were asked to sign a waver clearly stipulating that their image may be use to promote the show. Without that waver, the Jay Leno show cannot use their image for advert purposes, even thought it was filmed in a "public".

Again, there is a difference between the "fair use" of one's picture taken in a public place and the 'unfair use" of that image to generate income.

Facter

Exactly what I thought, legal eagle. Puma is counting on the fact that the gentleman will probably not be able to afford to pursue legal remedies. It is the same calculation that Shakira made with the song.

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