Copyright help!

clarinetJWD · Nov 8, 2005

That is really weird... I'm in a Copyrights class right now, and a persons' likeness or name cannot be copyrighted. Names can be trademarked, but that is reserved for Band names etc usually. Well, I don't know...

Corry · Nov 8, 2005

Well, he does have the name of the character on the image. Maybe if that was taken off, or if it said 'viggo mortensen' it wouldn't be considered a copyright.

Verbal · Nov 8, 2005

core_17 said:
Well, he does have the name of the character on the image. Maybe if that was taken off, or if it said 'viggo mortensen' it wouldn't be considered a copyright.

But if it said "Viggo Mortensen" then I would be trading on his name, and that would be violating copyright laws.

I have been doing research, and I ran across this article that talks about this subject...near the end, it's wrapped up nicely by saying the following:

Article said:
Where do these cases leave the artist or publisher, or their counsel, when trying to decide whether to create or sell a given work? In light of the cases, it is clear that artists do enjoy the right to use a celebrity's image as part of their artistic creations. The best that can be said is that, the more the art focuses and depends on the celebrity image, the more likely it will to run afoul of right of publicity statutes. On the other hand, the more clearly the work expresses an artistic theme and uses the celebrity image as part of that expression, the greater the comfort that the artist or publisher should have that the work is protected by the First Amendment.

darin3200 · Nov 8, 2005

Verbal said:
But if it said "Viggo Mortensen" then I would be trading on his name, and that would be violating copyright laws.

How about political cartoons that label Bush or any other politicans? Does he have a copyright on his name, because then I'm not naming my kid that, it would be too expensive

Meysha · Nov 9, 2005

Well from that quick little extract you posted... it sounds like you wouldn't be allowed to sell it, because it's not really portraying any of your own artistic intent. I mean, your artistic intent was to draw him wasn't it. :-( However, you could say that the theme is drawing it. I dunno. Try snail mailing the director, or asking someone else in the film business.

I'm actually just in my photography lecture at the moment... so I'll ask my lecturer about it and get back to you asap... although she may only know the aussie rules.

Good luck. You deserve to be able to sell it.

priceless · Nov 9, 2005

I might be very wrong but I think that the photographer that originally took the original photograph has the copyright unless the studio owns all rights. I don't think it has anything to do with the character but more the image itself. If you were to draw one of my photographs then I'm pretty sure you'd be breaching copyright laws too. I think any kind of reproduction of a copyrighted image is classed as breach of copyright. You could always email them back and ask what copyright stops you from posting your image?

Verbal · Nov 9, 2005

priceless said:
I might be very wrong but I think that the photographer that originally took the original photograph has the copyright unless the studio owns all rights. I don't think it has anything to do with the character but more the image itself. If you were to draw one of my photographs then I'm pretty sure you'd be breaching copyright laws too. I think any kind of reproduction of a copyrighted image is classed as breach of copyright. You could always email them back and ask what copyright stops you from posting your image?

Well it wasn't really a photographer, because I drew it from a screenshot of the movie.

Big Mike · Nov 9, 2005

Well the 'cinematographer' operating the camera is the same as a photographer.

I doubt that Peter Jackson holds any of the copy rights, specific to the characters...I don't even think that the studio does. There is a guy, Saul Zentez (or something like that) that holds the rights to Lord of the Rings. He bought the rights a long time ago and was involved in the production of Ralph Bashki's animated movie. That movie, unfortunately, had it's funding yanked during production and has a rather abrupt ending.

Anyway, if you check the credits of the PJ movies, or even a lot of the merchandise...you will see Saul's name or company as the copyright holder.

Verbal · Nov 9, 2005

Big Mike said:
Well the 'cinematographer' operating the camera is the same as a photographer.

I doubt that Peter Jackson holds any of the copy rights, specific to the characters...I don't even think that the studio does. There is a guy, Saul Zentez (or something like that) that holds the rights to Lord of the Rings. He bought the rights a long time ago and was involved in the production of Ralph Bashki's animated movie. That movie, unfortunately, had it's funding yanked during production and has a rather abrupt ending.

Anyway, if you check the credits of the PJ movies, or even a lot of the merchandise...you will see Saul's name or company as the copyright holder.

I think the biggest thing would be Viggo Mortensen's publicity rights... because this is obviously a likeness of him.

I'm not too unclear of WHY it's a copyright breach, I just wanna know who to contact to make it all better! :mrgreen:

Basically, the less the piece of artwork relies on the celebrity's image to be art, the more likely it is that it will be under the protection of the first ammendment. But seeing as I was basically drawing a photo, it relies heavily on Viggo's likeness, therefore it's not protected.

icondigital · Nov 9, 2005

Verbal said:
Basically, the less the piece of artwork relies on the celebrity's image to be art, the more likely it is that it will be under the protection of the first ammendment. But seeing as I was basically drawing a photo, it relies heavily on Viggo's likeness, therefore it's not protected.

i think it would not be protected either way. you used both the celebirty likeness and the movie character theme. you didnt use your own theme. so if they dont get you on the celebirty likeness they would get you on the movie character likeness.