From the course: Understanding Intellectual Property
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Exceptions to rights-of-publicity law
From the course: Understanding Intellectual Property
Exceptions to rights-of-publicity law
- Exceptions to the rights of publicity law. There are exceptions to right of publicity law in most states. For example, an artist can paint a famous person and even sell a limited edition of prints of the painting of that person. I like to paint in oil. If I wanted to paint Jennifer Aniston, I could paint a picture of Jennifer Aniston. And I'm not infringing her rights of publicity. In addition, I can sell a limited number, maybe even a couple thousand copies of the print of the painting that I created of Jennifer Aniston, and I would probably not be infringing her right of publicity. But remember, that some areas of IP law are intertwined. Even if you avoid the right of publicity infringement, you need to be sure you have copyright clearance as well. Here's what I mean. If I paint that oil painting of Jennifer and only sell a limited number of prints, I might not owe any duties to Jennifer, but I might be infringing somebody's copyright in the underlying photo if I copied the photo…
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