Kaufman, head of Venable’s Copyright and Licensing group. “There is a limited right to use someone’s likeness in a ‘fine art’ context, perhaps without their permission,” said Joshua J.
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In the case of Tiger Woods, the Sixth Circuit Court of Appeals sided with Rush, finding that his work depicted a historic event of cultural value (Woods winning the Masters) and did not “propose a commercial transaction.” Moreover, Rush had significantly transformed Woods’s likeness for his work, with the painting constituting “expression which is entitled to the full protection of the First Amendment.” Today, you can still buy a print online.īroadly, courts have favored artists in this and similar cases, as long as they refrain from mass-producing the image too widely on commercial goods. “And typically the First Amendment will prevail.” “You have the First Amendment colliding with a purely personal right,” said Christine Steiner, a California-based attorney who has written on this issue.
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The limits to publicity rights have been repeatedly tested by artists, who assert that constitutional free speech protections guaranteed under the First Amendment trump an individual’s right to control the use of her or his likeness by someone else. There are exceptions, notably instances in which the use of an image is in the public interest, such as in a newspaper. The logic is simple enough: Only you should get to profit from your image, and others shouldn’t be able to use it for economic gain without your permission. Laws regarding the right of publicity vary from state to state, but generally they allow people to have commercial control over their persona and likeness.
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It’s unlikely a Nike TV spot can successfully claim to be art-but what about a painting with limited edition prints sold through a website? When does that line get crossed? The Woods lawsuit raised an aspect of publicity rights litigation that courts often wrestle with: What is the line between art and commerce? It is an important question, given that art enjoys broader free speech protections than the latter. He sued, alleging that the artist, who put thousands of copies of his piece up for sale online, commercialized Woods’s image without permission or payment, violating what is known as the right of publicity.
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Woods felt otherwise-to him, Rush’s so-called “artwork” was glorified commercial sports memorabilia. In his prime, the golfer appeared in advertisements for American Express, Nike, and Buick, among other companies that paid good money to associate his persona with their brand.īut when painter Rick Rush depicted Woods (including his iconic red shirt) in a 1998 artwork titled The Masters of Augusta, he didn’t think he needed to pay the golfer to paint his portrait. For further information please contact NPG Copyright.It might be hard to remember now, but there was a time when Tiger Woods was the highest-paid athlete in the world. Requests for a reproduction of a work of art or other content can be made through a Reproduction request. The use of images of works of art reproduced on this website and all other content may be restricted under the Australian Copyright Act 1968 (Cth). The National Portrait Gallery respects the artistic and intellectual property rights of others. Copyright in all materials and/or works comprising or contained within this website remains with the National Portrait Gallery and other copyright owners as specified. This website comprises and contains copyrighted materials and works. We respectfully advise that this site includes works by, images of, names of, voices of and references to deceased people.
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