model release abe Lincoln?

Forum|Forum|3 years ago
April 5, 2023
2 replies
824 views

Hello. I am a long time contributor first time forum participant. Adobe screen name Richard28722569. I submitted an AI generative image of Abraham Lincoln portrait as a stained glass window. It was rejected for lack of a model release. Thoughts?

This topic has been closed for replies.

Correct answer Jill_C

Model releases are required even for dead people. The estate of their heirs would have to agree to let you use their image commercially. Here's a legal opinion in the subject:

https://www.bhandlaw.com/can-i-legally-use-the-image-of-a-dead-famous-person/

Here's another legal opinion:

https://carterlawaz.com/what-if-model-dies-without-signing-a-model-release/

R

Richard28722569phzsAuthor

Known Participant

Thank you, Jill C for your reponse. I read your response and attached articles. I would think my rendering would be in the transformative catagory. My original idea was to honor secular heroes as religious fogures are honored. Also, I know copyright rules have gotten way tighter than originally intended, but don't copyrights still expire, perhaps after something like 150 years. Copyrights were meant to expire to encourage new creative possiblities. Where would we be if the Marconi family still had rights to everything associated with the radio?

Anyway, this is not the field I choose to die on.

Another image in this same series is a nurse, AI generated with no real person suggested and the image seems very generic, as intended. Still rejection for lack of model release. I have a lot of such rejections. It doesn't slow me down but still it's curious.

Again, thoughts....

R

Richard28722569phzsAuthor

Known Participant

woops, I realize I conflated copyright and patents, but I think the reasoning is still sound. The main problem with copyright is Mickey Mouse. He should have fallen out of copyright years ago, but Disney clout won.

Isn't there also an exeption for public figures. I can make and sell t-shirts with Trump's or Biden's face without fear of arrest, is this true?

Jill_C

Community Expert

No technically you cannot do so; however I think many public figures don't expend a lot of effort in chasing every infraction.

https://smallbusiness.chron.com/can-use-celebrity-images-tshirts-40638.html

Jill C., Forum Volunteer