And when we use the word ‘expression,’ we mean expression of something other than the likeness of the celebrity.”So … if your painting is a merely a faithful likeness of a person then you need that person’s permission to sell the painting. But if your painting conveys other, significant information in a way that does not simply trade on the person’s likeness, then you do not need that person’s permission to sell the painting. You need to have an intellectual property attorney make that call – and explain to you that even if your painting is “transformative,” the celebrity can still sue you and you would have to pay lots of money to defend that lawsuit. Good luck.
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