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Celebrities, copyright and ASC ...

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Celebrities, copyright and ASC ...

Postby ymelb » Sat Jan 24, 2015 5:13 pm

Hello,

For a long time I've been looking different websites for information about using photos of celebrities (or just beautiful photos) and copying them because
you want to practice/develop your techniques using something that is beautiful, represents a challenge or just calls you to do it. I know that there are laws
protecting those original works. HOWEVER, I've seen in lots of websites -and some works here too- where pictures of i.e. celebrities are posted.
My question is, if you are not selling, just showing something you did for yourself and just want to share with others, do you get in hot waters? Are those
people showing their works having the permission of the celebrities to do it? I don't think so. Is it alright to post works based on photos of celebrities here on ASC
or are there conditions? An answer/discussion about this issue is appreciated.

Thank you
Yasmin
PS: I know I should take my own photos and develop my ideas, but I feel sometimes attracted for certain celebrity portraits.
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Re: Celebrities, copyright and ASC ...

Postby Singular » Sat Jan 24, 2015 6:45 pm

It is good practice to always get permission to use the photo, regardless of if it is a celebrity or not, if you are not the owner of the photo. Also, give credit to the photographer.

The best option may be to use works that are licensed for public use, but may require attribution. You can find these photos on Flickr or Wikimedia Commons. (On Flickr, do an Advanced Search for the Creative Commons license.) When using images from these sites, it is critical that you note what type of license the image has. If attribution is required, ensure that you have properly identified the photographer and provided the necessary links.

Good read here about artists rights: http://www.avvo.com/legal-answers/can-i ... 35063.html
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Re: Celebrities, copyright and ASC ...

Postby ymelb » Sat Jan 24, 2015 7:26 pm

Thank you Singular. Yeah, all that stuff scares me. Sometimes I wish to share on FB a pic that I did to show a new method I'm using, but using a celebrity+someone else photo puts me on the mode "keep it for myself". I haven't found any place where you have CC license for celebrities.
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Re: Celebrities, copyright and ASC ...

Postby PopArtBalloons » Fri Oct 30, 2015 7:13 pm

ahhh the eternal question. my response:
if using any public figure as a model, check to see if they own their own likeness. michael jordan was famous for owning his likeness, but was also the most recognized person on the planet for a long time.
if they do not own their own likeness, you can recreate them any way you wish, BUT you must save your work as proof you created it.
a story about this:
a friend of mine owns a business. they used betty page photos in their ads. they saw no reason for it to be wrong since searches turned up that she was dead and her images are on everything (at that time). one day he got a cease and desist letter from an attorney telling him to stop using the picture. he called the attorney and asked what was going on, since betty was dead. the attorney explained that they had seen her stuff all over, found no copyrights, and no death certificate. they went out searching for her and found her living in a trailer park in florida, and she had no idea she was famous. she signed an agreement and started to collect royalties.
my friend asked the attorney how he could use her image without paying. the attorney told him that since he was the only one so far to not yell into the phone or send back threats, he would tell. the secret?
simply create the image by hand. if created by hand and you have the proof, it is 'art', and it is yours.
my friend had an artist draw the picture they used and started to use the drawing in the ads. he kept the original drawings in case another letter showed up. he has not had a problem since that time.
there are also laws regarding being in the public eye and how much that diminishes legal standings for celebs and their images.
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Re: Celebrities, copyright and ASC ...

Postby Singular » Sat Oct 31, 2015 7:56 am

Thanks for your feedback Anthony. Very good info.

PopArtBalloons wrote:ahhh the eternal question. my response:
if using any public figure as a model, check to see if they own their own likeness. michael jordan was famous for owning his likeness, but was also the most recognized person on the planet for a long time.
if they do not own their own likeness, you can recreate them any way you wish, BUT you must save your work as proof you created it.
a story about this:
a friend of mine owns a business. they used betty page photos in their ads. they saw no reason for it to be wrong since searches turned up that she was dead and her images are on everything (at that time). one day he got a cease and desist letter from an attorney telling him to stop using the picture. he called the attorney and asked what was going on, since betty was dead. the attorney explained that they had seen her stuff all over, found no copyrights, and no death certificate. they went out searching for her and found her living in a trailer park in florida, and she had no idea she was famous. she signed an agreement and started to collect royalties.
my friend asked the attorney how he could use her image without paying. the attorney told him that since he was the only one so far to not yell into the phone or send back threats, he would tell. the secret?
simply create the image by hand. if created by hand and you have the proof, it is 'art', and it is yours.
my friend had an artist draw the picture they used and started to use the drawing in the ads. he kept the original drawings in case another letter showed up. he has not had a problem since that time.
there are also laws regarding being in the public eye and how much that diminishes legal standings for celebs and their images.
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Re: Celebrities, copyright and ASC ...

Postby ymelb » Sat Nov 21, 2015 9:46 pm

Thank you so much Anthony, the anecdote is very interesting and helpful.
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Re: Celebrities, copyright and ASC ...

Postby euroceltic » Fri Jan 08, 2016 10:28 am

Perhaps you could make a painting of a painting, one made by some anonymous long lost third part.
You're simply making an interpretation of the mystery artists work.

I don't think there'll be a problem with your private displaying of your art, its when you're making repeated money off an image that things would probably get legal.
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