Legal Question in Entertainment Law in Texas
What, if anything, would need to be done to be able base the likeness of a character (for a book cover or a comic book character, for instance) on that of a deceased celebrity? And freely admit to it? I'm wanting to base a character's likeness on a movie actress of the 1940s (not anyone well-known today), and to be able to admit that it is a homage to her. Thank you!
1 Answer from Attorneys
Go for it. Doing that openly and honestly, admitting it is not authorized by the celebrity in a prominent disclaimer, is not illegal, provided you use your own original artwork and put in a sufficient number of distinctions to maintain a clear distinction. For example if you were doing an Elvis Pelvis type singer/actor, give him blond hair and solid gold pants (or some other distinctive difference.). Pick a name for your character, book and/or comic strip that is totally different from that of the celebrity so that you do not run into trademark infringement issues.
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