Legal Question in Entertainment Law in Illinois

Re: Copyright laws (Right of Privacy)

I would not call selling a painting of an actor or actress "illegal" but depending upon the applicable state law (which may be where the sale occurs, where they live, where you live, or where the buyer lives, depending on the facts and the jurisdictional laws of each of those states), the sale could very likely violate the actor/actress's "right of publicity." It may also violate the actor/actress's "right of privacy," but that is less likely in most cases of a celebrity.

The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his or her name, likeness and persona. There is currently no Federal law governing the right to publicity, but most states have either created the right by statute or under common law. The nature of the rights varies considerably from state to state.

David K. Staub, attorney