IBA Compliance Connection

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Do we need to obtain a waiver before posting pictures with bank employees or others on our bank’s social media accounts, such as a picture of the bank president posing with a sports team that we sponsored?

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No, we do not believe that you need waivers from a sports team before posting an image of the team on your bank’s social media accounts.

In Illinois, the Right of Publicity Act imposes strict requirements on using an individual’s “identity,” including their likeness, for a commercial purpose, such as advertising or promoting products or services. However, the law exempts the use of an individual’s identity for non-commercial purposes, even if incorporated into a “commercial announcement.” We believe that your bank’s sponsorship of a sports team and announcement of the sponsorship, accompanied by a picture of the team with your bank’s president, would fall into this exception, and we do not believe that waivers would be required.

For resources related to our guidance, please see:

  • Right of Publicity Act, 765 ILCS 1075/30 (“A person may not use an individual’s identity for commercial purposes during the individual’s lifetime without having obtained previous written consent from the appropriate person or persons specified in Section 20 of this Act or their authorized representative.”)
  • Right of Publicity Act, 765 ILCS 1075/35(b) (“This Act does not apply to the following: . . . (2) use of an individual’s identity for non-commercial purposes, including any news, public affairs, or sports broadcast or account, or any political campaign; . . . (4) promotional materials, advertisements, or commercial announcements for a use described under paragraph (1), (2), or (3) of this subsection; . . .”)
  • Right of Publicity Act, 765 ILCS 1075/5 (“‘Commercial purpose’ means the public use or holding out of an individual’s identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising.”)
  • Right of Publicity Act, 765 ILCS 1075/5 (“‘Identity’ means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice.”)