This is a very complicated question…...and the first
thing I will tell you is that there was a case
involving a sports artist and Tiger Woods…it was settled in the US Supreme Court …...and
Tiger lost.
Type “Rick Rush verses Tiger Woods” into a search
engine…..for the details on this case.
You will see that I can, in fact, paint a public figure, in this case, Tiger Woods.
Now, in spite of this win, every once in a while a
sports entity will threaten an artist….the sports
entity knows that it has no basis based on the Tiger
Woods verses Rick Rush case…..but they do it
anyway….sports entities are corporate and they dont
care about what is fair….they are only interested in
money….
So what happens is the the artist has to either fight
for for what is already right in court, or stop selling
the sports painting….it costs money to fight…one
artist I know has received 3 letters from sports
entities and has stopped selling those 3 sports
paintings….as I understand it, Rick Rush had a lawyer donate his efforts
to ensure his win.
Typically the way it works is that you get a letter
to desist from the lawyer working for the sports
entity…..I have never received a letter….and hope
never to get one.
So you can see, corporate sports are like all of
corporate america..they have no compassion for the
under classes..and if you vote republican….you have
my sympathy because you dont get it…..the
republicans and corporate america are for the benefit
of the rich and do not help the middle and lower
classes…...
Can you paint a public figure?
Yes you can…...but watch out
AuntieJ, 4 months ago
It is beyond public figures. My friend Jane had a neighbor who found a greeting card with their daughter’s very unphotogenic picture of her picking her nose. They sued the card company and photographer because they did not have permission to use her image and profit from it. In other words, the photographer took the picture and did not obtain a model release. In some cases, a photographer should get a property release. RedBubblers need to take care with their sales and kudos to those who have taken the time to learn a little of the business first, before jumping in; they’re the ones who include the claim of releases and copywrite. This is a big reason that I don’t sell my work. One of the authors in the guides/books that I recommend in my journal addresses this issue. Bert Krages in a photographer AND attorney in Portland, Oregon. He has written “Legal Handbook for Photographers”; and has a helpful website http://www.krages.com/phoright.htm