Hello, /adv/.
Kind of a legal question here.
If I want to make art (mostly portraits) based on pictures of people on Facebook, without asking their consent, is that legal? Does it change if the person is a minor or not?
I do not intent to defame the subjects.
Pic related is an example of the kind of art I’m talking about.
It is legal-ish, in the same sense that photo shopping would be. But it is also very easy for someone to have their likeness copywrited and then they would retroactively own your painting. At which point they could demand payment or its removal
Laws are different in different places of the world.
Just for future reference.
>>16946737
I see that this could be a problem. What if it happens after I publicize the art on, say, DeviantArt? I would have the copyright of my painting of their identifiable face. Would that prevent them from copyrighting their face?
>>16946747
Forgot to mention, the subjects are all American.
If you do I'd love to have mine done!!! When I take a picture of someone who's stylin on the street I always ask. You could just ask.
Let me spell this out for you once more:
Copyright is for creative works.
CREATIVE works.
There's no creativity involved in anyone's face.
You solely own the copyright to your drawings.
The reason you should be concerned is not copyright - it's publicity/personality rights
https://en.wikipedia.org/wiki/Personality_rights
>I do not intent to defame the subjects.
Your intention doesn't really matter.
Lawfulness apart, I'd argue that if you are exhibiting your works publicly you have a moral obligation to inform the person, and remove the work if they object
>>16946896
Also, this is probably relevant to you
https://en.wikipedia.org/wiki/Nussenzweig_v._DiCorcia
In the case of drawing it's a bit more fuzzy, since it's not a objective portrayal.
As long as you don't put the subjects in situations they'd object to, you should be fine
