Legal Question in Civil Litigation in California

Is it safer to completely avoid a celebrity likeness even in a single, tasteful,

I am an artist. I have made one-off portraits of celebrities. Under Californian law like most other states you can make a single artwork. The images are definitely not standard portraits like Gary Saderup but there is a photographic super-realist quality to them. I have shown them outside Californian and there has been no problem. I am concerned about publicity rights and if I should change all likenesses. I want to show them on the Internet and I have put at the top of the page in clear view: ALL IMAGES ARE UNSOLICITED ART PORTRAITS, NOT POSED OR ENDORSED PHOTOGRAPHS - and also at the bottom: IMAGES ARE SINGLE ORIGINALS ONLY. IMAGES ARE NOT FOR COMMERCIAL SALE. The images are not derogatory but hyper-glamorous. Do you think that I should change all likenesses?


Asked on 6/14/02, 8:25 am

1 Answer from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Is it safer to completely avoid a celebrity likeness even in a single, taste

You should be very, careful. Celebs zealously protect their likenesses. I strongly suggest you speak with Mr. Kelly Ryan of our office before you get yourself in legal hot water. He is an Entertainment/copyright lawyer and has experience in this field. Please email me with your contact information and I will have Mr. Ryan contact you directly. He will be happy to speak with you initially for no charge.

Thank you for your inquiry-Martin

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Answered on 6/19/02, 3:19 pm


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