Can advertisers use brand “Gandhi” free of cost?

When I saw a few ads of apple and airtel using Gandhi in their value statement advertisement. I felt that they need to pay a royalty to the Gandhi Trust. If the photographer can get paid then the Gandhi Trust should also get paid. Here is a twitter discussion with Prashant.

  1. The Query

  2. Why do all corporates use Gandhi on their promo video’s, even apple did in 1998. I hope they are paying @TusharG royalty.
  3. This reply by Tushar Gandhi, confirms he (being a direct descendant) or Gandhi Trust is not paid by corporations who have used MKG image for brand building. 
  4. Prashant Argues very rightly that the Publisher of these images own the rights. Follow the entire discussion. 
  5. @manojnayak pictures wud mostly be owned by getty/reuters. Apple wud’ve paid them. Why wud they pay anyone but the copyright owners?
  6. @prashantdr you are right. But not fair. Suppose a corporate uses Tendulkars picture, clicked by someone, Sachin w sue for sure! I think.
  7. @manojnayak yr still missing the point. The photographer owns the picture (or the co he sells it to, like Getty) not the person being shot
  8. @prashantdr i get your point, but the person whose picture has been used help define the brand position. So its not the artistic quality ..
  9. @prashantdr of the picture but the person who is in the picture who help the branding of the corporation. UNLESS the photographer contd
  10. has a written contract from (in this case) Gandhi (Trust) permission to do so for commercial purpose.
  11. @prashantdr legally they might be correct, but its unfair to exploit Brand Gandhi particularly by brands like Apple and Airtel.
  12. @prashantdr particularly if the original intent of the picture was for some news item. In this case the agency who owns the right is at faul
  13. @manojnayak brands *do* use ckter’s images out of line when they “congratulate” them. Don’t see anything out of line in Gandhi’s img though
  14. @manojnayak he’s a public figure and so long as the picture isn’t protected, well within rights to use them
  15. Tushar Gandhi’s reply to this discussion. 
  16. @manojnayak according to international law they require NOC from legal heirs.
  17. Sir, I am assuming they have not got the same. RT @tusharg: @manojnayak according to international law they require NOC from legal heirs.

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