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Post by cakediva on May 23, 2024 12:03:02 GMT
The woman wanting the painting of her taken down has me wondering this issue. Back story - in the cake world we have an artist who we have heard (though a few sources) that his goal is to be movie famous. But his skill is art, not necessarily the clean/fantastic cake work. He often does paintings of famous people on his work, and tags them. However, he tags them in these horrible videos (that he must spend a fortune on) that have not so subtle sexual innuendos - squeezing fruit, licking things, him almost naked, all mixed in with shots of making the cake and the artwork. They are So here's my question - he's done one of Sofia Vergara, one of Miley Cirus - and like the artist in Australia, just does them, no permission. How is that ok? You're taking my likeness, my personal image, and producing art with out asking if you can use my face. How is that ok?
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Post by crazy4scraps on May 23, 2024 12:12:58 GMT
It can’t be any different than all the photos the paparazzi take of famous people. I’m more curious about how people get away with making fan art copies of copyrighted characters and then selling shirts, mugs and whatnot.
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Post by Darcy Collins on May 23, 2024 12:37:10 GMT
My basic understanding in the US is you cannot use someone's likeness for commercial purposes. If one is creating art, it typically falls under 1st Amendment protection - not sure how other country's treat it.
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Post by katlady on May 23, 2024 15:30:50 GMT
Even courts within the US will rule differently. Basically, if it is a realistic likeness (like a photo-like painting) it is not legal if you mass produce it to make money from it. There has to be some kind of “change”, like Andy Warhol’s Monroe portraits. I think that Australian’s portrait would be legal in the US because there are significant artistic changes to her likeness.
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