Intellectual Property Law

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My question is concerning copyright law. (I think) I am a

My question is concerning copyright...
My question is concerning copyright law. (I think)
I am a graphic artist I draw photorealistic portraits in graphite, charcoals and color pencil. I would like to begin offering fantasy composit portraits of my clients with their favorite celebrities. specifically NASCAR and sports heroes. Notthing vulgar, obscene, or derogatory just offering people the chance to have their picture made with their favorite celebrity. My question is can I sell such a piece without the consent of the celebrity pictured? Also can I use someone elses photos such as pictures from a magazine or news paper or the internet as inspirational material? keeping in mind that I try to render drawings as photorealistic as possible.
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Answered in 22 minutes by:
8/8/2010
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 120,080
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
You can make and sell these works as long as they do not depict any trademarks for which you do not have permission to use. As far as making art based off of photos as long as it is your own original interpretation of the photo you can do that as well, but if you are copying the photo exactly, then that would be a copyright infringement.

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Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 120,080
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
Law Educator, Esq. and 87 other Intellectual Property Law Specialists are ready to help you
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Customer reply replied 7 years ago
Ok, so to clarify...if a celebrity say a NASCAR driver is wearing a suit covered in logos from his sponsors I would have to get permission from each sponsor? would this also apply to a drawing of a race car covered with these logos??
or you would have to distort the logos so they do not resemble the actual logos or you would have to omit the logos.
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 120,080
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
Law Educator, Esq. and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
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Law Educator, Esq.
Law Educator, Esq.
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Category: Intellectual Property Law
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