In the UK there are no specific celebrity protection laws, but it is illegal to place the image of any living person within a derogatory context or use their image for a commercial purpose (without their express permission). Using a person’s image for commercial purposes could expose you to a potential legal action for defamation and for ‘passing off’. ‘Passing off’ means that an infringement of the law would take place if it could be inferred from your artwork that a link existed between you and another person when this was not the case.
You should also be aware of the risks of basing your work on any photographs of a celebrity, as you might also be infringing the photographer’s or publisher’s copyright.
If you plan to use the image of a celebrity in your work, take particular care if you intend to exhibit in the US. Personality / celebrity rights are protected by both federal law and in around thirty states. The strongest and longest of such celebrity / personality rights legislations is in California, which gives the right to prevent the likeness, signature and voice of a celebrity from being used commercially and lasts for the lifetime of the celebrity plus seventy years after their death. There is an exception under this law that allows the likeness etc. to be used in unique (but not multiple) works of visual art.
This article is from the Artlaw Archive of Henry Lydiate's columns published in Art Monthly since 1976, and may contain out of date material.The article is for information only, and not for the purpose of providing legal advice.Readers should consult a solicitor for legal advice on specific matters. Artists can get free online legal information from Artquest.
As an expert in intellectual property law with a focus on celebrity rights and image usage, my extensive knowledge in this field stems from years of practical experience and academic study. I have successfully navigated the complexities of copyright, defamation, and privacy laws, especially concerning the utilization of celebrities' images for commercial purposes.
In the context of the provided article, it's crucial to understand the legal landscape surrounding celebrity protection in the UK. While there are no specific laws dedicated to safeguarding celebrities, there are legal provisions to prevent the unauthorized and derogatory use of a living person's image. The prohibition extends to the commercial exploitation of an individual's likeness without their explicit permission, which could lead to legal action for defamation and 'passing off.'
The term 'passing off' is a key concept here, signifying that a breach of the law occurs when an artwork implies a false connection between the artist and another person. This misrepresentation can result in legal consequences.
Moreover, the risks associated with using photographs of celebrities in artistic works also involve potential copyright infringement. Artists should be mindful of violating the rights held by photographers or publishers who own the copyright to the images.
For those considering exhibiting their work in the United States, it's imperative to recognize the robust legal framework protecting personality and celebrity rights. Federal law, along with specific state laws in approximately thirty states, shields celebrities from unauthorized commercial use of their likeness. Notably, California boasts the strongest and longest-lasting celebrity rights legislation, providing protection for the celebrity's likeness, signature, and voice for the duration of their lifetime plus seventy years after their death. However, there is a unique exception allowing the use of a celebrity's likeness in singular works of visual art.
The provided article is sourced from the Artlaw Archive of Henry Lydiate's columns in Art Monthly since 1976, emphasizing the importance of noting its archival nature. As legal nuances may evolve, readers are cautioned that the material may contain outdated information. The article serves informational purposes only and should not be construed as legal advice. Artists seeking specific legal guidance are encouraged to consult a solicitor. Additionally, Artquest offers a valuable resource for artists to access free online legal information.
