Legal Question in Entertainment Law in Delaware
Reproduction of Paintings of Celebrities by Artist
I am an artist and have painted several celebrities. I would like to have prints made of these paintings and sell them. Is it necessary to have permission from the celebrity or am I legally permitted to go ahead and have prints made and sell them. Thank you.
2 Answers from Attorneys
Re: Reproduction of Paintings of Celebrities by Artist
The likeness of a celebrity is a primary asset to the celebrity. The authorization for you to capture that likeness in a painting does not include a license, unless specifically provided for, to photograph or create prints of the painting. California law is fairly clear on this issue.
Re: Reproduction of Paintings of Celebrities by Artist
Ditto to Mr. Barach's comment. You need permission. It is not just a copyright question, it is a right of publicity question where state law will often govern. Most states give protection to celebrities against what you propose, since sales of likenesses of celebrities is one of their prime sources of income. You have heard from a California lawyer. Your posting says you are in Delaware. Go to www.govspot.com and seek out the Delaware law on celebrity rights, and you will likely find a similar law, although California leads the nation in protecting celebrities, since Hollywood is there and Reagan was either CA Governor or US President when some of this stuff was enacted. You are contemplating skating on very thin ice legally.
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