Timeline for Is it OK to copy a person's likeness in a realistic portrait without their permission?
Current License: CC BY-SA 3.0
15 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Nov 24, 2015 at 17:11 | vote | accept | cockypup | ||
| Nov 18, 2015 at 19:05 | history | tweeted | twitter.com/StackDesign/status/667056129088835584 | ||
| Nov 18, 2015 at 18:46 | comment | added | johnp | Slightly different question, but I've posted this to the law stack law.stackexchange.com/questions/5281/… | |
| Nov 18, 2015 at 18:13 | comment | added | johnp | I've always been anxious about "accidentally" appropriating the likeness of someone without realizing it. When illustrating I try to mix references to create a unique likeness, however **if I can prove how I "constructed" someone's likeness without meaning to, surely I'm not breaking the law? ** | |
| Nov 18, 2015 at 16:27 | answer | added | DA01 | timeline score: 5 | |
| Nov 18, 2015 at 16:18 | comment | added | go-junta | If you'd upload that image to a stock image site, they'd ask you for the permission of that person even if it's a reproduction (to my knowledge). They usually require the same thing as when hiring models for photos and reselling the pictures. I don't know if this applies in your case, the illustration might look like Pacino but it's not really him. Maybe you'll need to add a few pimples! I can only suggest you... to ask the law stack! | |
| Nov 18, 2015 at 15:37 | comment | added | user56reinstatemonica8 | @cockypup it's literally all I know on the subject... and I have no idea if that site is legit or what regions they cover. If someone wants to take that link and run with it though they should feel free. | |
| Nov 18, 2015 at 15:33 | comment | added | cockypup | @JanusBahsJacquet: Yes, one could ask for his permission. But my question is "does one have to ask for permission to avoid being sued?". I know that nowadays people sue for anything, but that does not mean they always win the case. | |
| Nov 18, 2015 at 15:31 | comment | added | cockypup | @user568458: Very interesting comment. You should consider adding it as an answer. | |
| Nov 18, 2015 at 15:29 | history | edited | cockypup | CC BY-SA 3.0 |
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| Nov 18, 2015 at 15:17 | comment | added | user56reinstatemonica8 | What country are you asking about? Here's a detailed article from Digital Media Law Project about "most states" (so presumably USA) which seems relevant - dmlp.org/legal-guide/using-name-or-likeness-another - seems like a likeness in a portrait is legally very simlilar to a likeness in a photo. | |
| Nov 18, 2015 at 15:07 | comment | added | JohnB | Also similar along the lines of @AndrewH's example: Lindsay Lohan Sues 'Grand Theft Auto V' Makers For Using Her Likeness. I don't know any outcome of the lawsuit, though | |
| Nov 18, 2015 at 15:06 | comment | added | Janus Bahs Jacquet | If it’s not a famous actor, would it not be feasible to simply contact him (or his agent) and ask for his permission? Some public features are happy to lend their faces as inspiration for drawings and paintings and such things, even when those things are not related to them at all. @Andrew I think you mean he (the actor) could sue, not that cockypup could? | |
| Nov 18, 2015 at 15:06 | comment | added | AndrewH | Interesting question, this reminds me of the video game "The Last Of Us" where one of the main characters Ellie looks like the famous actress Ellen Page. I don't think there was any legal action besides Ellen's people asking to make some changes to dissociate the 2 (Not 100% certain on this) but no legal action was taken. Definetly not sure on this but I imagine you could sue for defamation if the other party really wanted to. | |
| Nov 18, 2015 at 14:55 | history | asked | cockypup | CC BY-SA 3.0 |