QUESTION
Can I sell artwork with celebrity images without consent or royalties?
Asked on Oct 02nd, 2011 on Entertainment Law - Oregon
More details to this question:
Can I sell artwork with celebrity images without consent or royalties?
1 ANSWER
Copyright Infringement Attorney serving Portland, OR
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Day & Koch LLP
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The general rule is that if the artwork transforms the image of the celebrity's face or body - for example, by changing the celebrity's image to a very artistic or stylized one it is generally a permissible use. (This is sometimes referred to as a "transformative use.") As opposed to a realistic portrait of the celebrity. There are some instances in which it is questionable whether there has been sufficient "transformation" to permit the use of the celebrity's image, and in those instances there is a risk of liability. Bear in mind that even if the use is permissible, a wealthy and irate celebrity can make your life miserable even if you are in a legally strong position, just by having their representatives attempting to intimidate you. And some of these people are pretty good at intimidation. Bear in mind too that my comments above represent only a general statement of the applicable rule. There may be specific aspects of particular artwork which raise other legal issues and which could potentially in some instances create legal liability. For example, in some instances, incorporating a trademark name or logo into the artwork. And so, the comments above should not be construed as legal advice applicable to any particular situation.
Answered on Oct 04th, 2011 at 11:28 AM