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Can I Sell Original Art Work of Celebrity Likeness without Permission?

by Heidi White
10 replies
If I did a T-Shirt with original art, depicting a celebrity (say Obama or Elvis or anyone famous) - if I didn't use that persons name on the T-Shirt, but it was still pretty obvious based on the rest of the words or context who I was depicting - would I need permission/license to sell a T-Shirt, or other merchandise on a website?
#art #celebrity #likeness #original #permission #sell #work
  • Profile picture of the author King Shiloh
    Banned
    Though I'm not a lawyer but I think it is illegal.

    I think you need a permission/license so that some people will not come breathing on your neck.
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  • Profile picture of the author Heidi White
    I don't have a problem with neck breathers - lol - but neck breakers - that's another story.
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    • Profile picture of the author King Shiloh
      Banned
      Originally Posted by MostlyHarmless View Post

      I don't have a problem with neck breathers - lol - but neck breakers - that's another story.
      Nobody will break your neck without first breathing on it. lol
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  • Profile picture of the author Loren Woirhaye
    Your original artwork, no matter who it depicts, is yours
    to use as you like. Nobody can sue you for painting
    a celebrity picture and selling reproductions.

    At least I haven't heard of it happening. I'm not a lawyer
    but I do know a little about art publishing.

    If you make a band T-shirt and use the band's name or,
    worse, logo on the shirt then you're stepping on trademarked
    intellectual property.

    You can trademark a cartoon character's face, but not a
    real person's face. I'm sure it's been tried but such trademarks
    have not been enforceable.
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    • Profile picture of the author KarlWarren
      Originally Posted by Loren Woirhaye View Post

      You can trademark a cartoon character's face, but not a real person's face. I'm sure it's been tried but such trademarks have not been enforceable.
      Certain sports stars own/license the rights to use their likeness - David Beckham is one, I know there are others.

      I'm not a lawyer, but I'm pretty sure that there are limitations to what you may do with a likeness of someone who has done the above.
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      eCoverNinja - Sales Page Graphics & Layout Specialist
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      • Profile picture of the author Loren Woirhaye
        Originally Posted by KarlWarren View Post

        Certain sports stars own/license the rights to use their likeness - David Beckham is one, I know there are others.

        I'm not a lawyer, but I'm pretty sure that there are limitations to what you may do with a likeness of someone who has done the above.
        Yeah, you cannot publish and sell photographs of the guy,
        but you can make a painting, for example. Depending on
        how realistic the artwork is it may or may not be something
        the celebrity wants to pursue.

        If you make a painting of a soccer player resembling Beckam
        and put it on T-shirts can you sell it as your own artwork?

        I'd bet yes, but if you claim it's "David Beckam" then you're
        edging closer to to legal trouble I reckon.
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        • Profile picture of the author Jon Patrick
          From the research I've done on this subject in the past, a lot of it comes down to whether you're making fine art or commercial merchandise. You can paint any famous figure you like, and sell it as fine art or even fine art prints. Selling the image on merchandise like t-shirts and lunchboxes, however, usually puts you on the wrong side of the law.
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    • Profile picture of the author Kelly Verge
      Originally Posted by Loren Woirhaye View Post

      Your original artwork, no matter who it depicts, is yours
      to use as you like. Nobody can sue you for painting
      a celebrity picture and selling reproductions.

      At least I haven't heard of it happening. I'm not a lawyer
      but I do know a little about art publishing.

      If you make a band T-shirt and use the band's name or,
      worse, logo on the shirt then you're stepping on trademarked
      intellectual property.

      You can trademark a cartoon character's face, but not a
      real person's face. I'm sure it's been tried but such trademarks
      have not been enforceable.

      This is a quote from the site I referenced:

      For example, a company that makes the "bobbing head doll" made one of Arnold Schwarzenegger after he became governor of California. The governor sued under the premise that he's a movie star, but the defense claimed that he is now a public figure, and the doll was satirical of his persona. The company lost the case after a long court deliberation, because the court ultimately decided that the doll was taking advantage of Arnold's movie celebrity status, not his role as governor. That it was a close call is a reminder that these things are never cut and dry.
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  • Profile picture of the author Kelly Verge
    IANAL either...

    Either hire your own or do some research on model releases.

    Here's a bunch of information.

    If the work is "satire" and the image is of a public figure, it's probably ok. However, it's somewhat subjective if you get taken to court, so the risk might be low, but it may never go away.
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  • Profile picture of the author Loren Woirhaye
    So it's a matter of if the party's face you're exploiting wants
    to take you to court. Whether that happens is probably
    a matter of how annoying you are in terms of

    1. satire
    2. marketing

    If you're seen as small-time you can probably fly under
    the radar without much trouble.
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