You should avoid selling celebrity portraits unless you have permission to do so. In most states, you have a «right to publish,» which prohibits anyone from selling or exploiting your name, image, or personal characteristics without your consent. This «right of publicity» extends to celebrities, and you can be sued for infringement. It`s easier than ever to Google images of celebrities or popular products and then save, edit, download, print, and monetize them in a merch product. This is not surprising – people like to show pictures of their favorite stars. It`s an easy (or easier) sale because it`s a popular theme. People have a passion for sports characters and movie stars. They`re not copies of photos, so I`m not worried about infringing a photographer`s copyright. And I`ve seen a lot of other vendors selling prints and products based on celebrities.
However, one day someone contacted me when I posted an illustration of the Duchess of Cambridge and told me to proceed with caution if I ever planned to sell it. So now I`m a little worried! I had a Google and it seems a bit of a gray area, so I was wondering if someone might be able to shed light on that for me? Another way to reach the top of the charts is to sell the famous jacket or shirt design of a designer brand. If I had such a skill, I would probably talk to my own personal lawyer (or, if I didn`t, I would appoint one who knows intellectual property law – not in an online forum) to discuss it. Especially when I thought it was probably legal and profitable. Selling on the spot also reduces risk, as the chances of someone associated with a celebrity stumbling upon your fan art are pretty slim (unless you`re selling celebrity fan art on Hollywood Blvd!). So, is it possible to sell celebrity fan art? It really depends. If so, be careful and make sure you understand the risks involved. If you are approached by a celebrity`s legal team, stop selling fan art immediately. And if you`re not sure about something, consult a lawyer before proceeding.
Sounds like an easy path to fame for your print-on-demand store? Not so fast. Although they are very lucrative, they can be a ticking time bomb for many legal implications. The right of publication is expressed both in advertising and the sale of products. For example, it is a clear violation to publish an advertisement for a product that falsely claims that it has been endorsed by a celebrity or other person. Is it legal to imitate well-known brands? Obviously, the answer is no. The truth is that A LOT of art is made, publicly displayed and sold, which violates the right to publish celebrities. We see it in online stores, in art exhibitions – even constantly in galleries There are a few things you can do to protect yourself from lawsuits when selling fan art: Creativity is one of the last legal ways to gain an unfair advantage over the competition. If you need to take legal action, it`s best to contact an intellectual property lawyer. The creation of the work of art does not constitute a violation of the right to publicity.
But showing or selling the artwork is a violation because you personally win. You can sell a celebrity art painting as long as it is a transformative work of art. This means that it must be artistic in nature, not just a faithful image. The painting must not copy an existing work of art (including a photograph) and must not interfere with a celebrity`s «right of publicity». If someone paints a celebrity portrait based on a photo of the celebrity and sells it for money, it would be considered intellectual property infringement, and a photographer could take legal action against the painter. The original photo is a copyrighted work, and the photographer is the copyright owner. For risk-takers who do not take precautionary measures despite existing rights, they prepare for litigation. The key is to show sellers the intention that your merch is a parody of the brand.