Pen Author Pic

Rob Whisonant is right. Use alternative photos or a caricature of yourself.

Do not use another person's image, even if the photo is public domain.

Consider, for example, that official Federal government photos are generally public domain (within the United States). So, there are photos of Bill Clinton, George W. Bush, Barack Obama and other presidents that are in the public domain. That doesn't mean you can use one of their pictures as your own likeness for your pen name.

There are two issues here. Public Domain and Right of Publicity. If, for example, you are writing an article on Bill Clinton, you can use a public domain photo of Bill Clinton to illustrate it.

On the other hand, you cannot use a public domain photograph of Bill Clinton to promote your product. That's because, although the photo may be public domain, the person still has a right of publicity, which means they have the right to control the use of their image, especially for commercial purposes.

The right of publicity extends after a person's death, and passes along to their estate. The length will vary by state, but it typically lasts for 50 to 100 years after death.

So, you might find a picture of someone from 1915, which would make it public domain. However, maybe they died in 1945. If they lived in a state with a right of publicity lasting 100 years, you wouldn't be able to use their image commercially until 2045, except with the permission of their estate.

And some estates are quite protective of the right of publicity and even someone that may be obscure to you may not be so obscure to their estate.

So, use a caricature of yourself or a photo where you don't look like you normally do or whatever. But, avoid using someone else's picture and pretending it's you or your pseudonym. It's really not a good idea and could get you in trouble.

Disclaimer: I'm not a lawyer.