Merchandising and brand collaborations are important and lucrative sources of income for musicians, but they can also be controversial, as this dispute involving Justin Bieber shows.
As explained in the article, Bieber has been in partnership with H&M since 2016, but he recently took offense at the use of his image and lyrics, apparently without his consent, saying it was a Christmas gift. Shortly before he posted on Instagram, “The H&M merch they made of I’m garbage and I didn’t approve it. If I were you I wouldn’t buy it.”
The lawsuit is reminiscent of the UK allegations involving Rihanna in 2015. Rihanna sued Topshop for using her image on a T-shirt without her consent.Bieber While it doesn’t appear to have taken the case, it serves as a reminder of potential risks to keep in mind when dealing with celebrity endorsements.
Unlike other jurisdictions, English law does not recognize ‘rights of publicity’. Rather, claimants must rely on a combination of copyright, trademark infringement, passing her off, and privacy. In Rihanna’s case, it was determined that the use of her image would be disguised as:
- she had significant goodwill and reputation in Britain
- The use of her images on the products constituted a false representation that she endorsed them (although the court ruled that if the customer was informed that the products were not endorsed/approved by Rihanna, the I pointed out that there would have been no display).
- As a result she suffered
Bieber’s controversy appears to be different in that he has an existing deal with H&M. In fact, H&M has posted a statement on its website (here) that denies using Justin Bieber’s image without his consent, claiming that it has the correct contract and approval. Therefore, if you take it to court, it seems that it will be a matter of contract construction, not passing off or copyright infringement. And if the objections to the Bieber line were purely for fashion/aesthetic reasons, H&M could still prove it. correct.
However, H&M seems to have scrapped the line, presumably in order to maintain its relationship with the star. Also, because if Justin’s “believers” don’t “believe” in the product, their appeal can be pretty limited.
