Pieter Lategan - Noses

 

Yesterday was Christmas, I was alone at home and working.  Today is Boxing day and it is very hot here.  It is going to be 35 degrees and tomorrow as well.

While I am busy doing this sketch I was thinking who can I paint if I do not do paintings on request.  I was thinking to find a very interesting South African figure and do research on him or her and tell the story while I am busy painting the picture.  It can be for example a rugby players, actor or someone famous.

This is what the internet says if you want to paint a famous person and what to sell it.

Michael Jeffers Hoisington

· Posted on Mar 14, 2011

As always with all legal issues, the answer is it depends. Your paintings are copyrightable and you absolutely have the right to sell them. The question then becomes, what is your liability if you do sell them? Is a celebrity going to come after you for violating their right of publicity?

It depends on how you sell your paintings. If you are selling in a private sale to a private buyer, then the chances of a celebrity coming after you are slim to none. However, if you ramp up and are making copies and trying to sell mass market, that might get some attention and greatly increase the chance that a celebrity or a rights holder will come after you.

However, artists have a First Amendment right to express themselves, and in the recent Tiger Woods case, the court found that the artist’s First Amendment rights were more important than Tiger Woods’ right of publicity. You can read the case and compare your facts against the ones in the case and perhaps get an idea of where you stand.

Rights of publicity are protected under state law. Not all states have them, although most do. The scope of protection varies from state to state, and you should check the laws in your state.

My answer is for information purposes only, it is not legal advice, and no attorney-client relationship has been formed.”

Music Listen to:

Chris Isaak - Wicked Game(Official Video) 1989