Can I use a celebrity’s likeness in a meme for advertising purposes?
<p>Can I use a common meme that contains a celebrity for advertising purposes without the celebrity’s permission?</p>
<p>For example, the Jim Halpert Whiteboard Meme. This is a very common meme.</p>
<p>Can I use this meme in the format “X is a problem, and My Company is the solution” as an advertisement for my company without John Krasinski’s permission to do so?</p>
<p>Here is a link to the meme:</p>
<p><a href="https://i.imgflip.com/3rsxfo.jpg" rel="nofollow noreferrer">https://i.imgflip.com/3rsxfo.jpg</a></p>

<h2>No, you can’t</h2>
<p><strong>For at least 1 and up to 4 reasons</strong></p>
<ol>
<li>You don’t own the copyright in the photograph.</li>
<li>You risk the tort of passing off by implying that Jim endorses your company when he in fact knows nothing about it. While it may be well understood in the memosphere that there is no such endorsement, you are taking it outside that context.</li>
<li>In jurisdictions with laws against misleading and deceptive conduct, the same facts that lead to passing off are also likely misleading and deceptive.</li>
<li>In jurisdictions which protect personality rights or require model releases, you don’t have consent.</li>
</ol>

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