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Just thought I'd share this ruling that made headlines today in a case between the hiers of the 3 Stooges and an Artist who drew his own rendition of the 3 Stooges and sold them for profit.
So these weren't just reproductions but an actual artists time and talent to draw them.
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Thank you Bob For this posting. Very much an insight to some of the things that were talked about in the last week or so.
I do protrait airbrushing all the time BUT for my own collection or the comission work for that person. I will never sell anyones image without permission..
-------------------- Stephen Deveau RavenGraphics Insinx Digital Displays
Letting Your Imagination Run Wild!
Posts: 4327 | From: Lower Sackville, Nova Scotia, Canada | Registered: Jan 2000
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What are you guys talking about. Read the article. Drop back 70 years or more. Find a likely mug that kicked the bucket at that time and go for it!!! Anybody that died before the year 1932 is fair game.
I think you better read it again as the statement says Heirs have all rights (Likeness,Names,Voices,Etc.) for 70 years after the DEATH. Larry Fine death in 1975 Moe Howard death in 1975 Curly Joe death in 1993
Sorry as I did read it.
-------------------- Stephen Deveau RavenGraphics Insinx Digital Displays
Letting Your Imagination Run Wild!
Posts: 4327 | From: Lower Sackville, Nova Scotia, Canada | Registered: Jan 2000
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Stephen, I think you and Santo are saying the same thing. Anyone who DIED BEFORE 1932 in in the "public domain" and you can use their likeness without permission. For instance, Rudolph Valentino (died 1926) would be okay, but Al Capone (1947) would not.
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Well, I'm not dead yet, but I hereby give everyone my permission to use my likeness at anytime! Haha, you know...for dartboards, bullseyes at the bottom of a toilet, small arms targets, custom printed toilet paper.....the stuff that makes the big bucks. Haha...I guess I'll have to become a member first and post my hideous gargoylian mug shot.
Thanks for the info seriously...it's good to know how that stuff works out in the courts soas to give a guy guidance in knowing what he can do.
Think of the tons of illegal Elvis and Marilyn Monroe stuff that's probably floating around just begging for litigation. Whew! Glad it's not me. I painted a Clark Gable and Vivian Leigh portrait years ago for a school project...but only for my own pleasure...not to sell.
Thanks guys.
-------------------- Todd Gill Outside The Lines Potterville, MI
Posts: 7792 | From: Potterville, MI | Registered: Dec 2001
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Thanks Diane, that exactly what I was saying. Naturally Al Capone popped into my head, but then I remembered he spent WWII in Jail. But there a hell of a lot of interesting people that died before 1932. Steve, I read the article, too. We might no find anyone or group as interesting as The Three Stooges, but there should be a few interesting people: Geronimo, Red Cloud, Cochise, Custer, Lincoln, Grant, Lee, Jackson, one or 2 more.
Then there's always the direct approach for the Three Stooges and such. Go ask the money grubbing little punks how much they want for license.
OK I understand were your coming from. As Dianne stated as well as you.
But there is still a dicy area of whether someone has bought the copyrights to some pictures songs or what ever.
Look at the Micheal Jackson case of buying some of the Beatle lyrics.
He owns them now and has full rights to the use or reproduction of them.
Some of this old Hollywood stars may be dead but then again someone may own all the rights to their works.
I have invested time in copyrights of products for market. But you have to get premission or pay royalties for the Industrial design owned by someone else.
As per say IE. a telephone is a telephone. The working guts are own by Industrial design by a company. Small changes to the opperations doesn't give you the rights to Industrial design. It's working order is the same.
But the cover of the phone if you design something. Other than whats on the market such as a "Pencil style phone" that no one has every put a patient on. It will allow you the copyright design.
I know I ramble on but you got to remember that we live in a material world and large Corp will invest in this items of old for use in their ongoing add campaigns.
I think I would reseach high and low before starting an adventure of using them.
-------------------- Stephen Deveau RavenGraphics Insinx Digital Displays
Letting Your Imagination Run Wild!
Posts: 4327 | From: Lower Sackville, Nova Scotia, Canada | Registered: Jan 2000
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posted
Of course, you are right about researching intended projects. There are plenty of laywers willing to make money on arguing an opinion. It's worth searching public domain items for use also. I have to say the best method is just to not use any image of a person famous or not, absolutely. If I want to use an image that bad, I seek permission. It's only fair.
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