Celebrity Art work

January 4, 2011 @ 1:33pmcher0kee says:
Hello everyone, my Uncle is a great Artist. Back in the 80's he did a pencil drawing of Michael Jackson. He is trying to sell his art work. I was wondering if we need permission from the family members of MJ to sell these drawings? Or should the first steps be to get these copywritten then ask for permission? Thanks
March 17, 2011 @ 4:03pmFreya Anderson says:
If you own the actual drawing, you can sell them under the first sale doctrine. Your uncle owns copyright just by creating the material, unless he has sold it, given it away, or did it as a work for hire. However, it might be prudent for him to register his art with the US Copyright Office. You can find out more about how to register works on their website, http://www.copyright.gov. My response relates to copyright. The right of publicity may also affect whether or not your uncle needs to obtain permission, but my understanding is that varies from state to state, so you may want to check with a local lawyer on that.

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