Likeness of a celebrity or movie in art

[loveisblind]

Hello, I have very early plans about starting an online shop that sells sculptures of celebrities (from certain movies). The website will potentially also sell tshirts from quotes, pictures, from movies. I am more weary about the latter. Here is what I gathered about copyright laws and art on eHow:

"Artwork is protected under U.S. copyright law as defined in United States Code, Title 17, Chapter 1, Section 102 (a). Pictorial, graphic and sculptural works all fall under this protection. A portrait is any likeness of a person expressed through any medium. If done in visual form--in contrast to literary or vocal form--it focuses on the face, its expression and mood. A face sculpted in clay or some other medium is also considered a portrait."

So if I were sell a sculpture of a celebrity depicted in a certain movie, for example, a character from Matrix, what would be any legal troubles I may have in the future?

Also, I know there are copyright laws on images from movies. If they were put in a tshirt, but the image was restyled in a way that was different from what was in the movie, is it still protected under art protection laws? If I were to also sell a tshirt using a character, like a video game character such as Mario, will it also not be permissible. Would it fall under this law?:

Modification Right. The modification right (also known as the derivative works right) is the right to modify the work to create a new work. A new work that is based on a preexisting work is known as a "derivative work."

I'm just wondering if its worth the effort to make a website like this. I don't want to deal with much potential lawsuits Any help is greatly appreciated! Thank you!What is the name of your state (only U.S. law)?

 

[justalayman]

I don't want to deal with much potential lawsuits

then stop before you start. Everything you have suggested so far would violate either copyright rights or trademark rights.

 

[loveisblind]

then stop before you start. Everything you have suggested so far would violate either copyright rights or trademark rights.

Say if tshirts were not involved and it was just sculptures, would that not still be protected under artwork protection? Its an artist, making a likeness of the celebrity, but it is not directly from the movie studios.

 

[ecmst12]

It doesn't matter what medium the reproduction is done in. It's the likeness that's protected.

 

[Hot Topic]

What if people wanted to use your image with no intention of giving you the right to decide how you wanted it used? What if they used your image and you got none of the profits?

You want to make money off of someone else's creativity. Fortunately, there's an army of people out there to stop you. They're called attorneys, and they're paid very well to protect people's rights from people who want to make a buck without any accountability.

 

[cool_lawyers]

I agree. There are sure to be lawsuits if you continue with you business idea without getting permission.

 

[quincy]

loveisblind, while I agree with the others that permission would be needed in order to use images of, say, Keanu Reeves from The Matrix or the video game character Mario, or any other person who has existing publicity rights in his/her persona or any other character like Mario that is protected by copyrights and trademark rights, this does not prevent you from creating sculptures or making tee-shirts using images of some dead celebrities or images from some movies in the public domain.

Check out public domain films and dead celebrities whose estates have not retained control over their publicity rights. You may find a market for online sales there.

You can review your plans prior to implementing them with an IP attorney in your area, to ensure that the celebrities, the characters and/or the films and film quotes you choose do not have any lingering rights and are risk-free.

Good luck.