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Old 01-22-1999, 09:55 PM
Drew Davis Drew Davis is offline
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Model Releases

I've heard that you need legal permission to use the likeness of a celebrity, sort of like a copyright of their image. What about for "ordinary" (or at least non-famous) people? How about public figures that aren't involved in TV/movies/modeling, like, say, a politician?


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Old 01-22-1999, 10:42 PM
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scottb scottb is offline
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I know that to exploit a celebrity's likeness commercially, you need permission otherwise you could be held liable for violating their
right of privacy/publicity. I assume that this same right would be extended to non-celebrity folks, at least if the issue were ever pressed in court by the model in question.

Anyone else have any thoughts or precedent on this one?

Cheers.
Scott



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Old 01-22-1999, 11:04 PM
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Diana Lee Diana Lee is offline
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Just to be safe, if I ever take a picture of someone with the intent of painting them, I have them sign a release.
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Old 01-22-1999, 11:40 PM
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scottb scottb is offline
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Good idea, Diana - I wonder if we should create an area here on the site for items like that - any thoughts?

Cheers.
Scott

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Old 01-27-1999, 05:23 PM
Roger E Roger E is offline
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Do celebrity's portraits to your hearts content. It is practically impossable for any celeberty to sue you no matter how you use or sell the likeness. A likeness is a likeness be it a drawing, a photo, or an oil. No one would suggest that a photographer for a magazine needs a release every time he takes a picture! A drawing is a likeness just like a photo. No fear. A public figure cannot prevail in a courtroom.
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Old 08-02-1999, 06:02 PM
Mark Mark is offline
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Portraiture as Andy Warhol reminds us makes all persons as a subject of the work, famous. Even the humblest of presences is given a special light. The skin and bones are not the true portrait of the famous , but in the special prescence within an image in colour and light of their humanity, of their uniqueness.
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Old 09-06-1999, 08:37 AM
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bruin70 bruin70 is offline
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models know why they're posing
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Old 01-17-2000, 05:22 PM
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kemshmi kemshmi is offline
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bruin..why??

thoughts.. I wouldn't want people to sell a painted likeness of myself without my express permission/knowledge/release..

"Do celebrity's portraits to your hearts content. It is practically impossable for any celeberty to sue you no matter how you use or sell the likeness. A likeness is a likeness be it a drawing, a photo, or an oil. No one would suggest that a photographer for a magazine needs a release every time he takes a picture! A drawing is a likeness just like a photo. No fear. A public figure cannot prevail in a courtroom."..I don't understand this ..what about a private individual?

"I know that to exploit a celebrity's likeness commercially, you need permission otherwise you could be held liable for violating their
right of privacy/publicity. I assume that this same right would be extended to non-celebrity folks, at least if the issue were ever pressed in court by the model in question. "

these two statements are conflicting..both of them sound reasonable, but what ARE the legal implications of selling a painting/drawing which depicts a likeness of an individual??

I think that a model's release form is the prudent way to go..

scott, I think a page with basic legal info for artists (and possibly sample contracts) would be a good idea..(in your spare time, of course)

kemshmi
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Old 01-17-2000, 10:16 PM
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bruin70 bruin70 is offline
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models get paid to model. they know that at some point the painting may get sold. there is no bind on the artist to get permission
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Old 01-19-2000, 02:47 PM
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Michael2 Michael2 is offline
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I like to paint famous people from photographs. The photographs might be copyrighted. I wish I knew the legal status of my paintings. I'd like to enter one into an art contest.
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Old 01-20-2000, 04:20 PM
artistsandy artistsandy is offline
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According to the laws in most states, you must obtain a release from any person that you paint, allowing you to use and sell their image;this is especially true for celebrities, most of whose image is copyrighted. You should also obtain a release for painting anyone, celebrity or not, just to keep yourself out of trouble...there have been many cases where the law did not uphold "artistic license". A couple of resources for you are "Art Office", Business forms, charts letters and legal documents for fine artists by Constance Smith and Sue Viders, from Amazon @$14.95 and "The Artist-Gallery Parnership" by Tad Crawford, which outlines art laws in each state. Better an ounce of prevention than a lawyer's fee!!!
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Old 01-20-2000, 11:24 PM
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Michael2 Michael2 is offline
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Public figures, which includes all famous people, have to be exempt from some requirements, because of the First Amendment. The newspapers always have drawings of famous people and they don't have to pay any royalties to the famous people in question.
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Old 02-03-2000, 12:50 AM
cvl cvl is offline
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hello,
i love to draw and paint my favorite famous musicians...i was under the impression that there was a 'freedom of expression' act...a painting is an expression of whoever it is you're painting; i hope i'm right!
christian
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Old 02-13-2000, 04:07 PM
tony tony is offline
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There's a Draw/sketch forum in about.com.
The discussion is more geared at models and modeling experiences. http://forums.delphi.com/fdg/start/?sigdir=FDG
It may require registration. Anyway, I asked the release question to them and here's one of the responses (as it relates to figure modeling):

<quote>There is no law, to my knowledge, that prohibits the exhibiting, in any form or venue, a drawing done of a nude model. The act of modelling, whether for pay or not, implies consent to have the resulting artwork sold or exhibited. I have heard of models requesting that artists NOT draw or paint their facial features so that they could be recognized, but I believe that is truly at the discretion of the artist. If you absolutely don't want it known by anyone that you have modelled nude, you should not do it.</quote>

So... basically what bruin said earlier. I take this to mean that the artist retains all rights to the portrait - including publishing rights. Please note that copying a photograph is a separate issue since you're not dealing with only the subject's rights, but also the rights of the photographer who took the picture.

-Tony www.WednesdayPortrait.com



[This message has been edited by tony (edited February 13, 2000).]
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Old 02-22-2000, 08:25 PM
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msue msue is offline
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Red face

As pointed out in another of the forums, if you didn't take the photo or own the negative you cannot reproduce it. Believe that applies to painting from it too.
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