Posted By
JamesC
on 2014-08-24
14:33:04
|  Re: Question about Copyright when converting a picture
US photography law is a mess all to itself, let alone in comparison to other countries.
Let's say that Harrison Ford made a public appearance. Five people lined in front of him, taking photographs. Each of the five photographers hold copyright in the photographs they took, but they cannot claim ownership of the other four people's photos ... even though they were taken at the same time, of the same pose of the same person.
But if Ford were dressed as Indiana Jones, then Lucasfilm could claim trademark ownership. US law allows Lucasfilm to trademark Ford's appearance while in an Indiana Jones costume. While the five photographers still own their photos, they cannot legally sell or license them without permission from Lucasfilm. (Trademark law allows Disney to prevent unauthorized Mickey Mouse merchandise. This is why fictional characters are rarely portrayed in different clothing, as a new trademark has to be filed and maintained for each deviation.)
Also, California has a law that protects a celebrity's likeness, even in fan-created artwork. Lindsay Lohan recently sued the makers of Grand Theft Auto for this. http://www.theregister.co.uk/2014/07/03/lindsay_lohan_grand_theft_auto_v/
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