Are artist's faces copyrighted?

by Lilycurly 20 Replies latest social entertainment

  • Lilycurly
    Lilycurly

    This might seem like a strange question...but if anyone's familiar with the concept of copyrights...

    I am thinking of making an illustrated book including quotes from various inspirational music and movie artists complete with artistic portraits of the artists (that are not copied from photographs...) and I was wondering if I could get sued over something like that...

  • defd
    defd

    not sure hun. Sorry not a big help.

  • Lilycurly
    Lilycurly

    Hi Defd! First on my topic, yay.:P Well, thanks for the answer...hmmm, maybe someone will know. Still, have a great day!

  • under74
    under74

    Not sure what the laws are in Canada but here in the US if let's say a drawing is made from a photo if it's changed enough you'll have no problem--no copyright infringment. If they aren't from photos at all you wouldn't have a problem at all (in the US). Celebs can't copyright their faces/bodies as I know of so you shouldn't have much of a problem....but I'm in the US.

  • defd
    defd

    I will try. It is hard to do sometimes

  • kwintestal
    kwintestal

    I think that as long as you don't use a complete unaltered photo, you will be ok. For what you're doing, sounds like "fair dealing" ("fair use" in the US) laws would apply, which would permit you to use portions of someone's work as long as they are given credit for the parts you use.

    Fair Dealing <------ Click Me

    Kwin

  • Lilycurly
    Lilycurly

    Hmmm, yes, but their is that think you often see in reports on TV, where they have to blurr people's face because they didn't have the permission to use it on tv...would that apply?

  • under74
    under74

    Look up any artist organizations in your city. Most have info on this stuff or at least a lawyer you can talk to.

  • carla
    carla

    You cannot use artist/atheletes faces or likenesses without their permission. Even some of the old film stars are licensed 'products'. I guess you would have to decide how deep are your pockets compared to the artist/athelete or those who hold the license? Litigation can be quite costly. They may just send you a cease & desist to stop selling the product or go after you to make an example of you. Even if they send a cease & desist you have already put much time and money into your product. There have been a number of cases where the rich & famous have gone after the 'little guy'. I know of one case where they even went after the printer (as well as the artist) the printer lost his business. The printer could not claim ignorance in printing licensed product. As for copyrighted material there are some good sites that show the international law as well as US. These are two different issues- using someones likeness and copyright. You can however produce 'originals' but not reproduce for sale. Meaning you could technically produce say, 3 original paintings of Marylin Monroe but not make prints to sell, you could however produce say, a large print of an original just to use as a sales tool but not to sell. When this is done however, someone invariably wants to buy it and puts you at risk. Then someone else comes along and says, 'where'd that big piece go? I'd like one'. That's when the trouble starts because most artists want to keep clients happy and need the money as well.

  • under74
    under74

    Not if it's a drawing, they are over 18 and especially if they are already a celebrity.....but I would look at art and law in your community.

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