Legal Question in Intellectual Property in Tennessee
Reproducing the image of celebrities, or of movie or record art
Is it a violation of law for an artist to use the images of a celebrity in a piece of art for sale? Not only an image of the person, but, for example, movie or music advertising or packaging artwork.
I am an amatuer artist wishing to create works to sell (limited, numbered works---not mass produced) that may feature, for example, the faces or famous musicians, or the image of one of their album covers. Very specifically, I refer to a collage sort or artwork, featuring a number of visual images including but not limited to celebrity faces, album covers, etc.
Thanks.
3 Answers from Attorneys
Re: Reproducing the image of celebrities, or of movie or record art
Ditto the other two comments. What you propose is almost certainly illegal, and could subject you to liability for copyright infringement, trademark infringement, false designation of origin sanctions, and invasion of right of publicity. Worse yet, you are proposing to do it to people who have the bucks to overwhelm you in any legal encounter. Don't do it!
Re: Reproducing the image of celebrities, or of movie or record art
Unless the artist obtains permission, generally YES, it would be a violation of the celebrities' "right of publicity" and of the copyrights of the producers of the images.
Re: Reproducing the image of celebrities, or of movie or record art
I do not recommend the practice that you are anticipating. There are numerous copyright violations and you are also violating the rights of the individual under the rights of publicity.
You must seek the written permission of the individual or persons before attempting such an endeavor.
Patrick Tracy
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