Art Based On Bands... Is There A Copyright Issue?

anything based off of a famous person, or a copyright/trademark, needs permission from that person or company. the consequence could be something like a letter from a lawyer, to a court date. the only reason people want to sell such things is because the band did all the hard work of getting famous and the artist is just leaching off of that. if you want to make something from the band you would have to contact that label and get that permission. it would cover the photographer who took that image and the band itself.

in any case it's best to ask a copyright lawyer because we aren't lawyers.

---Mike Savad

Thanks Mike for the input. It helped me a lot. :) Think I'll just play it safe and stick to doing art for other stuff.

Hi Scott... if the work you want to do is completely original.(not based on another photo, artwork or logo) then you can go ahead. Either way FAA wont stop you.

yeah, FAA won't stop you, but it could haunt you later on. best to stay original and make your own art. have people recognize your talents and not to be known as the guy who cashed in on this or that.


---Mike Savad

Some "fan-art" IS highly original and you could easily stamp your own style over anything you do! If you were lucky enough to get Mick Jagger or Zach de la Rocha to sit for you while you painted his portrait...is this cashing in on his success??? I don't think so.

On the other hand, if you get Mick Jagger and Zach de la Rocha performing together on the same stage, all bets are off! I mean, Rage did cover the Stones "Street Fighting Man" afterall!

LOL

Fame is always a symbiotic relationship between the famous and the people who promote, advertise, support, aid and assist them. When people stop paying attention, fame ends.

"I like rock music and I was going to do pictures of bands I have seen live."

There is absolutely nothing to stop you from doing that, Scott. Bands and individual performers get famous because their fans make them famous. Good luck with your art.


Dan Turner
Dan Turner's Seven Keys to Selling Art Online

Hi

Yes, you may load those as long as you have read our Terms of Use and they are applicable

http://fineartamerica.com/termsofuse.html?document=contributortermsofuse

Representations and Warranties

.......(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;

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I have never uncovered any law that says you can't sell pictures of famous people. If they were performing in public you can take their picture. All people have a right to privacy. Famous people and by extension all people have a right to icense their image for promoting products.(Right of Publicity). None of this applies to selling photos on an art site of photos of famous people as long as they were in public and you took them yourself. If the venue is privately owned and open to the public it is that same thing. If the venue prohibits photography and you took it anyway, not much changes. The venue could bar you from coming back but it does not change the fact that the people were in plain view and you are not using their image for commercial use. A recent case brought by Tiger Woods about a use of his image challenged this . The Tiger Team lost. Keep in mind they do have deep pockets and lawyers that like to sue. Here is an article(one of many ) that explains thing better than I can.

http://corporate.findlaw.com/litigation-disputes/tiger-woods-and-the-use-of-celebrity-images-in-works-of-art.html

I like this quote "The First Amendment to the Constitution assures freedom of speech, and, beyond any question, art is speech"

Mike is right it is best to get legal advice beyond us forum regulars but this will at least help you ask your self some questions and bring them to a lawyer if you feel you need to.