Legal Question in Intellectual Property in Florida

copyright issues

I want to paint a portrait of Marilyn Monroe, use it in an advertisement, and possibly sell the painting. The book that I will be working from is copyrighted in England. I am not sure if the images in the book are copyrighted. Can I reproduce an image of a deceased celebrity, she passed away in 1962 (45 years ago.)


Asked on 9/10/07, 5:06 pm

1 Answer from Attorneys
Johm Smith tom's

Re: copyright issues

The book and the images are copyrighted; the only question is whether the owners of those rights will actually enforce them. And I'm guessing there is a good chance they will. So you can consider painting her differently from the photos so you don't violate these copyrights, but each state has different laws regarding use of public figure likenesses, and you'll need to pay for research on your specific facts if you want a reliable legal opinion you can point to so you can show good faith if you're ever sued.

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Answered on 9/11/07, 5:16 pm


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