I want to paint a portrait of a celeb and sell it. But is it legal to use a celebs image without permission? If not, were would I get permission? Thank you for answering!
2006-12-01 16:54:28 · 7 answers · asked by kissie pie 1 in Politics & Government ➔ Law & Ethics
There are two separate issues: the sale of the painting, and the publication rights of the image.
In many or most, probably all, states you can sell the painting. Original art is a protected medium.
"Commercial" rights relating to a living person are a different matter; in fact California's privacy law is quite strict. There have been attempts to copyright and to trademark images of deceased persons for the benefit of their estates. I don't know how successful such efforts can be in preventing the sale of facial images; but I assume your celeb is alive so the issue is moot in your case.
Here's a newspaper article that explains why the answer to your question is uncertain: http://www.boston.com/news/globe/ideas/articles/2006/06/04/star_power/
"Star power
"Celebrities have a legal right to prevent the commercial use of their images without permission. But are they silencing artists and satirists as well?"
(Boston Globe, June 4, 2006)
The fact that many artists can and do sell original works depicting celebrities does not mean that a dissenting celeb cannot cause you grief. But it's a risk that may be worth taking for you, depending on your local law.
2006-12-01 17:34:03 · answer #1 · answered by Anonymous · 4⤊ 0⤋
It is legal.
Celebrity has no intellectual property in his likeness.
Celebrity does not have a copyright -- because you likeness is not a form of expression.(there are exceptions of course: say i have tattoos all over my body -- they can be copyrighted, and you cannot recreate the tattoos in a painting -- this is known as derivative work 106(2) [1])
Celebrity also does not have trademark rights in his image -- this is expressly disallowed(§1052(c)[2])
Thus it is perfectly OK to draw your own impression of a celebrity.
There is a number of cases where an artist came out on top after making a work of art that shows a living celebrity. For example see: Monument to Pro-Life: The Birth of Sean Preston[3]
2006-12-01 17:33:20 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
It is illegal under a matter of a technicality within the courts if you are sued by a movie studio or such. However, they tend to only use that particular law if you are a photographer that is invading the celebrity's privacy (such as the Paparazzi do) or are showing them in a very negative way. Otherwise, I'd say it's quite legal, especially if it's just a painting.
2006-12-01 17:03:52 · answer #3 · answered by Magic Rapport 2 · 0⤊ 0⤋
I am not saying that is illegal, but more than likely it is. If you want to get permission the best bet is talk to the agent. I would get an agent I figure agents should know how to get a hold of another agent
2006-12-01 17:03:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
i think it is illegal because you are making profit off of someone else if you want permission 2 use their face you can probably send them a letter in their fan mail or something or maybe email them w.e helps you out
2006-12-01 16:57:53 · answer #5 · answered by carazysexycool 2 · 0⤊ 0⤋
well to tell the truth yes its illegle if i painted the um.... dang whut is it oh the monalesa and sold it im arrested i dont think u can get permision sucks dosent it
2006-12-01 17:03:08 · answer #6 · answered by sk8erboi40292 1 · 0⤊ 1⤋
nothing wrong with it....as long as its not offensive or discriminating in any way.
:)
2006-12-01 16:57:46 · answer #7 · answered by none y 2 · 0⤊ 0⤋