@Ganymede said in Image Attribution & Creative Commons:
@Seamus said in Image Attribution & Creative Commons:
In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities. But, some states also prohibit use of another person's identity for the user's own personal benefit, whether or not the purpose is strictly commercial. There are two distinct legal claims that potentially apply to these kinds of unauthorized uses: (1) invasion of privacy through misappropriation of name or likeness ("misappropriation"); and (2) violation of the right of publicity. (The "right of publicity" is the right of a person to control and make money from the commercial use of his or her identity.)
Unless I see evidence to the contrary, a claim for the unauthorized use of one's likeness for a character would probably be barred under the doctrine of absque injuria.
I get that, however, I'm wondering how someone like Emily Blunt would feel if her likeness was used to portray a character that was a rabid serial killer and posted those logs with her image attached. I do understand that there is no real 'damage' but with their 'reputation' might qualify?
