Comments on: Celebrity likenesses revisited

By: Gordon Firemark

Gordon Firemark — Mon, 28 Sep 2009 19:17:58 +0000

I, too read the quoted provision as excluding original works of fine art, however the Astaire Act is not the only applicable law, and only applies in California.

CMG, I think, would have had viable claims. Just not under the Astaire Act.

By: Mark Ferrigno

Mark Ferrigno — Mon, 28 Sep 2009 18:52:29 +0000

I also have a question about intellectual property rights.
I was reading about Civil Code section 3344.1, known as the “Astaire Celebrity Image Protection Act,”

A wikipedia article states:

“Among the uses exempt from the Astaire act:
‘a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work. ‘ ”

This sounds to me like an original work of fine art is exempt from this law.
Is this correct?

I am an artist who was almost sued by CMG enteratainment for using a celbrity likeness, and I would like to know if they would have had a real case against me.

Thanks to anyone who can help.

By: Gordon Firemark

Gordon Firemark — Tue, 17 Mar 2009 19:05:56 +0000

There are some companies that are in the business of licensing celebrity likenesses, etc., but there’s no one-stop shopping. It IS necessary to track down the proper representative for each person involved.

By: Michael Mossman

Michael Mossman — Tue, 17 Mar 2009 18:53:44 +0000

Is there a way to obtain a permission to use a likeness via a clearing house, like Harry Fox for publishign rights? Or is it necessary to track down an attorney for each estate? Eg. an animated film using celebrity characters.

By: Gordon Firemark

Gordon Firemark — Wed, 18 Feb 2009 23:11:20 +0000

Yes… the celeb could sue! In most jurisdictions, a Celebrity (and in many cases, any person, whether a star or not) has a property right in his or her likeness, and may prevent any unauthorized commercial use.

By: shawn

shawn — Wed, 18 Feb 2009 22:56:40 +0000

I have a question.

If I draw a star in all original setting as a political and religious statement and attain interested buyers,,

If I make copies and sell it, does the star have the right to sue?