How To Make Photo With Celebrity?

Is it illegal to use a professional celebrity photo, paint it in your own style and make profit from it?

• I am an artist and I wanted to paint a picture of celebrity that I found on the internet. Usually I prefer using only pictures I snap myself but if it's a celebrity there's a rare chance I can go out tommorow and take my own professional picture. The First thing I do is change the style of it so it's more like pop art. With more simplified shapes to make up the portrait. What I want to know is it illegal to do it this way and sell them? something like this http://www.google.com/imgres?um=1&hl=en&%E2%80%A6 If you could give an example of how much change need to done to the art before it can be legal that would be PERFECT! Thanks

• Answer:

  RIGHT OF PUBLICITY If you are selling artwork of a celebrity for money without getting permission from the celebrity or the celebrity's estate or heirs, they have the right to take legal action against you and sue for compensation and damages in the court of law. The proper term of the law is called "Right Of Publicity" or it may be referred to as "Publicity Rights" or "Personality Rights". The right of publicity gives each individual the right to control the commercial use of their name, image, likeness, persona, and identity. Each individual has the right to control who profits from their image and identity. The right of publicity act can also be used if it is harming the person's commercial value. If the celebrity has died, the celebrity's estate or heirs is sometimes given the right to control the commercial use of the celebrity's image and identity. The right of publicity act varies from state to state. Google search the words "Right Of Publicity" or "Right Of Publicity, State You Live In", Example: "Right Of Publicity New York" to find more information on this subject. COPYRIGHT Copyright applies to all visual arts - drawings, paintings, digital art, photographs, sculptures, etc. According to the copyright laws, the official copyright owner has the exclusive right to do and to authorize the following: 1. Reproduce or make copies of the artwork 2. Prepare derivative works based upon the original artwork 3. Distribute the artwork to the public by sale, rental, lease, lending, or transfer ownership 4. Display the artwork publicly If you did not create the original artwork, you are not the official copyright owner. If you are simply copying the artwork for your personal enjoyment and only showing it to family and friends that is ok, BUT if you are reproducing the artwork in numerous quantities, creating derivative works, selling the artwork for money, or letting the public view the artwork (such as posting the artwork on the internet, etc....) that is copyright infringement and the copyright owner has the right to take legal action against you. Check out the copyright office official website for more information! Google search the words "U.S. Copyright Office" to find the website. Another point to consider is, will your artwork really be a copyright infringement???? It is ok to use other people's ideas/creations for inspiration in order to create your own original artwork. But remember, your artwork can't be a derivative, in other words, will people be able to tell that is "such and such" artwork you copied? Will your artwork be similiar to the original artwork? If so, then it would still be a copyright infringement. If the artwork is in the "public domain" you can recreate it without penalties. How artwork becomes in the "public domain": 1. The artist forfeited their intellectual property rights and is allowing anyone to use their artwork. 2. Intellectual Property rights have expired. Once the artist dies, tack on an additional 50 years or 70 years (could be less or more years, different countries have different rules, will need to find out what country the artwork was copyrighted in). After 50 years or 70 years have passed, the artwork can be used by anyone. CAUTION: After the artist dies, their estate or heirs might take over property rights which would prevent anyone from using their artwork even though 50 years or 70 years have passed.