Real emoticons intellectual property?

[socalfusions]

Are emoticon apps that feature real individuals faces such as Real Emoticons or Sticky Faces required to get permission from those individuals before using their intellectual property in said product?

 

[Skull One]

From a US law perspective, yes.

 

[socalfusions]

From a US law perspective, yes.

So in one of those apps there are emoticons of P.Diddy, Drake, and Tommy Lee Jones, this means the creator had to personally contact them and ask if he could use their faces in an iphone app? It seems like it would differ whether the app was free or paid, is this the case?

 

[Skull One]

So in one of those apps there are emoticons of P.Diddy, Drake, and Tommy Lee Jones, this means the creator had to personally contact them and ask if he could use their faces in an iphone app? It seems like it would differ whether the app was free or paid, is this the case?

The cost of the app is never a consideration. If a persons likeness is used without their consent, they have the ability to sue the app developer.

 

[socalfusions]

The cost of the app is never a consideration. If a persons likeness is used without their consent, they have the ability to sue the app developer.

I see thanks for your responses, I figured that was the case as there are countless stories of celebrities who take legal action when their image is used without permission, even by well known organizations.