New Women’s Chiffon Tops. They’re just so chiffon-y.

The Right of Publicity and Your Portraits..

The following topic has come up repeatedly over the years in forums on Redbubble, LinkedIn topics and in Facebook groups…
I have also had private emails asking the same question…
“Can I paint and sell the images of celebrities
"?

Here is some information from the Kodak website which expresses the law in a nutshell..I shared this on RB several years ago and recently the topic came up for discussion with the same misconceptions

“The Right of Publicity makes it unlawful to use another person’s identity for commercial advantage without permission. A person’s “identity” includes his or her appearance, voice, name, nickname, professional name, and other distinctive characteristics.

The Right of Publicity prohibits you from selling photos of any recognizable person, including celebrities, without their permission, even if you digitally manipulate the images.

The Right of Publicity even applies after a person’s death. Celebrities and their estates now own and control the commercial use of their names and likenesses, both during their lifetimes and for at least 100 years after their deaths. This is true of all well-known people: performers, sports figures, models, actors, politicians, CEOs and public figures from any walk of life.

Remember: In order to use a Gallery Marketplace service [e.g. RB] to sell an image containing a recognizable person, whether or not that person is a celebrity, you would need two consents: copyright permission from the photographer, AND permission from the person(s) who appear in the photo under the Right of Publicity"

In addition to the Right of Publicity, the Right of Privacy protects all people who appear in photographs. The Right of Privacy protects against intruding into someone’s private affairs, disclosing their embarrassing private facts, and publicly putting them in a false light.
For example, a person who was photographed in an embarrassing private moment may have a basis for objecting to your publishing or selling that picture as a violation of the person’s Right of Privacy
"….Kodak Gallery.com…

Note: These rights include simply displaying the photo or painting without intent to sell on a public site..

Journal Comments

  • Mieke Boynton
  • ©Janis Zroback
  • ©Janis Zroback
  • Mieke Boynton
  • ©Janis Zroback
  • metriognome
  • ©Janis Zroback
  • Cindy Schnackel
  • ©Janis Zroback
  • Ann  Warrenton
  • ©Janis Zroback
  • Cindy Schnackel
  • ©Janis Zroback
  • IDGARA
  • ©Janis Zroback
  • Noel Elliot
  • ©Janis Zroback
  • ©Janis Zroback
  • Mieke Boynton
  • ©Janis Zroback
  • Mark Wade
  • ©Janis Zroback