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Originally Posted by Steven Sweeney
I guess my personal "test" would be to put myself on the other side of the lens or the publicity and consider whether I would regard similar unconsented use of my own image unpleasant or unacceptable. If I wound up on the "Froot Loops" box instead of "Wheaties," I might feel the whiplash of umbrage and have to visit my legal adviser.
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Good point.
To put it in terms more relevant to this forum - say a painter snapped a photo of a beautiful woman at the beach, mabye building a sand castle with her young daughter. The artist went back to the studio to paint the scene, including very recognizable faces.
The artist then makes a ton of giclees of the painting, and sells them for $1000 a pop.
If I were that beautiful woman (a whopper of hypotheticality) - and I walked into a gallery and saw a print of myself and my daughter on our last vacation being sold for a $1000, and furthermore there's a rack with dozens more for sale, and even notecards & postcards with the image on it, I THINK I might start to get a wee bit perturbed.
I think that I would want some recompense, and maybe, even, a slice of the pie, so to speak. I think I'd be on the phone to my lawyer.
The dealer just hit the artist's 17 with a jack.