[Clipart] celebrity image

John Olsen johnny_automatic at mac.com
Mon Dec 31 06:35:34 PST 2007

> Message: 1
> Date: Sun, 30 Dec 2007 22:46:53 +0000 (UTC)
> From: clipart at lists.freedesktop.org
> Subject: [Clipart] [Open Clip Art Library] Upload Flagged
> To: clipart at lists.freedesktop.org
> Message-ID: <20071230224654.035C117006E at hawthorn.osuosl.org>
> Content-Type: text/plain; charset=us-ascii
> Content has been flagged
> Upload: Sandra Bullock
> URL: http://openclipart.org/media/files/reporter/6457
> IP:
> Flagger: StefanvonHalenbach
> -------------------------------------
> This upload contains material that may violate the terms of the site
> -------------------------------------

This is one of those fuzzy areas of the law still being sorted out.   
In the US it is perfectly acceptable for an artist to create a  
recognizable image of another person.  One court decision excerpt:  
"The court held that Sections 50 and 51 had no application because an  
"artist may make a work of art that includes a recognizable likeness  
of a person without her or his written consent and sell at least a  
limited number of copies thereof" without violating the statute. The  
court also declared in dicta that works of art, including sculptures,  
were deserving of First Amendment protection that superseded the right  
of privacy."

The only problem I see is in use by someone taking the image from  
here.  If the image was used for publicity purposes or to make money  
based on the fame of the person, then the user would be in violation.  
It might be easy enough to solve this by renaming the file with a  
vague name - "Hollywood actress" or just "Sandra".  Thoughts?

John Olsen

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