Legal Question in Intellectual Property in California
can i use or sell a picture or drawing of a celebrity?
I would like to know if I can use or sell a picture or drawing of a celebrity without their permition, let's say a humorous drawing of Ronaldo the soccer player and other players for sell on a soccer album.
Thanks!!
1 Answer from Attorneys
Re: can i use or sell a picture or drawing of a celebrity?
Generally, you cannot use the image of a celebrity because they have a Right of Publicity to capitalize on their fame and to be paid for it. You will need to obtain permission to do so and work out a license. However, there are exceptions to the rules. Your use may be considered a "fair use" which is acceptable. For example, comedians on the SNL make fun of celebrities all the time and are protected via fair use. There is a fine line between what is and is not fair use, and regardless of whether you may be right, celebrities love to send cease and desist letter to scare you even if it would be deemed a fair use.