model release abe Lincoln?

[Richard28722569phzs]

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?

[Jill_C · Accepted solution]

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/

[Nancy OShea]

@Jill_C 

I'm almost certain U.S. Presidents are in public domain. 

Also Abraham Lincoln and George Washington are well beyond the 100 year threshhold.

https://commons.wikimedia.org/wiki/File:Abraham_Lincoln_November_1863.jpg

@Richard28722569phzs ,

As I interpret it, you should submit a signed Property Release by you as creator of the Generative AI artwork.

Hope that helps.

==========
Generative AI Submission Requirements:
https://helpx.adobe.com/stock/contributor/help/generative-ai-content.html
===========
Model/Property Releases:
https://helpx.adobe.com/stock/contributor/help/model-release.html
https://helpx.adobe.com/stock/contributor/help/property-release.html

[Jill_C]

I think you're right; though I can't validate whether it's 95 or 100 years, certainly Abe is in public domain by now!

[Richard28722569phzs]

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....

[Richard28722569phzs]

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]

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

[George_F]

Just to confirm, you submitted a property release and it was still rejected?

[Richard28722569phzs]

No I didn't submit any releases

[George_F]

I would encourage you to read through the Submission Requirements for Generative AI  if you haven't already.  It talks about needing either a property release for fictional people, or a model release for recognizable people.

Cheers!

[Richard28722569phzs]

Thank you George. I have read the document but that nuance I didn't catch, Cheers to you as well.