What is, and isnt legal?

chechi

Banned
May 13, 2001
468
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I am an artist, say I do a picture of a famous person. Can I legally sell it. Or is it illegal to sell art that somebody owns the rights to the likeness? I want to get it clear before I even start the picture. Thanks
 

littlezipp

Golden Member
Nov 7, 2001
1,860
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76
If you are asking if you can try to duplicate a painting, then no. If you want to make a painting from a picture, then that is ok.
 

Zenmervolt

Elite member
Oct 22, 2000
24,512
22
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I know that a photograph is the property of the photographer and not the subject. So if you were using a camera I know that you would be legally alright. I think that you are legally OK.

ZV

EDIT: If you copy the photograph, then I think you need permission. If you are painting the person and using the picture as a referrence and are not dublicating it, I'm pretty sure that you are OK.
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
A couple months ago I saw a story about an artist who lost a case on this very topic. Gary Saderup had done some T-shirts featuring the Three Stooges, got sued for using their likeness without permission, and lost.

That was under California law, and it has a loophole for "single and original works of art".