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

[Todd LeMieux]

Actually, It depends on the image source, but, it’s not likely that any
image of Gates is old enough to fall into true public domain.


Altering an existing photo is likely a violation of the original
photographer’s or publisher's copyright. If you want to claim that your use
of the photo is fair use, because you’ve “transformed” the existing
photograph of Gates, you’ll have to bear in mind that proving fair use is a
high bar. Many illustrators have violated copyrights because they didn’t
realize the redoing a photo in another medium does not constitute a
significant transformation.


However, copyright of the original image isn’t the only issue here. There’s
a bigger issue — the right of publicity. Bill Gates as a celebrity gets to
control how his image is used. Laws governing the right to publicity are
state laws and so they vary state by state, but those laws all recognize
that, in general, people get to control how their image is used
commercially. (This is why photographers have to get model releases on
photos they license.) Celebrities can also invoke the right to privacy in
prohibiting their likeness being used without their authorization.


If the t-shirts are being made for sale, that’s another issue (and possibly
why the printer refused—they could be held liable as well as you, because
it’s merchandise).


I share this information with you as both a member—and board member—of the
Graphic Artists Guild. Here are some links that may provide more context:

https://graphicartistsguild.org/fair-use-or-infringement

https://graphicartistsguild.org/what-is-fair-use

https://graphicartistsguild.org/beware-the-right-of-publicity



Regards,
Todd


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On April 2, 2021 at 4:13:26 PM, Philip Elmer via Hidden-discuss (
hidden-discuss at lists.hidden-tech.net) wrote:

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> <paul at 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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