[Hidden-tech] * * * Legal usage of stylized image of a public figure * * *

[Philip Elmer]

I’m no lawyer, so take this free advice for what it’s worth. My memory of my journalism law classes is that likenesses of public figures are free game for news purposes, but you may have to compensate the photographer or artist who produced the image. Use for commercial purposes is trickier, but unless you are doing something with the image that is actionable — calling him something he isn’t with reckless disregard for the truth — you’re pretty safe. My advice: Stay away from Q-Anon and the antivaxers, and you’re OK. Don’t waste your money on a lawyer. Bill Gates isn’t going to get himself in the newspapers suing a T-shirt company in Western Mass.

I wrote a magazine story once that put devil horns on Gates’ head and a spark of lightning between his fingers. He never complained. At least not to me. 



> On Apr 2, 2021, at 1:45 PM, Rich at tnr via Hidden-discuss <hidden-discuss at lists.hidden-tech.net> wrote:
> 
> Ouch since this is a living person, I say it is a lawyer question, esp without knowing how stylized and the nature of the use.
> Satire or other literary ok uses.
> 
> We have used Paul Rapp for some similar artistic copyright Issues.
>         Paul Rapp <paul at paulrapp.com> <mailto:paul at paulrapp.com>
>         https://paulrapp.com/ <https://paulrapp.com/>
> Stay-well Rich
> 
> On 4/2/2021 1:17 PM, Deborah Chandler via Hidden-discuss wrote:
>> Hi folks,
>> 
>> Is someone here knowledgeable about the legal right to use the likeness of a public figure? In this case, it is Bill Gates, and the image is a stylized high contrast black and white image of his face that is recognizable as Gates. I am not up on these legal issues lately, and I let my membership in the Graphic Artists Guild lapse years ago. 
>> 
>> The situation is this: The t-shirt printer is refusing to print this image on a batch of t-shirts unless 1) we get permission from Bill Gates and his people or 2) we use a different image that is already in the public domain. 
>> 
>> This job needs to get printed asap, and yes, we are looking for an alternative printer who will not refuse to print the t-shirt as it stands, while also trying to work this out with the current printer. 
>> 
>> I will forward the image upon request. However, I think this is a broad-stroke issue, not specific to the exact image we are using.
>> 
>> Thanks,
>> Deb
>> 
>> 
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