Creative

Incidentally, I did some further research on the legal aspects of the Jane Goodall suggestion. After reading a bunch of different articles, none of which fit my use case exactly, I just asked ChatGPT (which prefaced its response with IANAL - good bot!):

ME / prompt:

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I design alphabet posters, where a given poster is for a specific letter. As an example, there is a poster for the letter J. A large letter J is surrounded by illustrations of words that begin with J. The posters are for sale. The posters are of an educational nature, although not affiliated with any official educational institution, but sold from my private company.

Is it legal to use original illustrations of famous people on such a poster? As an example, for the J poster, I would like to use an original illustration of primatologist Jane Goodall, accompanied by her name, as she is a famous person whose name starts with the letter J.

ChatGPT

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I am not a lawyer, but I can provide some general information on this topic. When using original illustrations of famous people on your alphabet posters, you may encounter certain legal considerations related to copyright, right of publicity, and trademark laws. It's important to consult with a legal professional to get personalized advice based on your specific situation and jurisdiction.

Here are some key points to consider:

— Copyright: If the original illustration of Jane Goodall is created by you or someone who has given you permission to use it, there may not be a copyright issue. However, if the illustration is based on a copyrighted photograph or image of Jane Goodall without permission, it could potentially lead to copyright infringement.

— Right of Publicity: The right of publicity is a person's right to control the commercial use of their name, image, or likeness. Since Jane Goodall is a public figure, using her likeness for commercial purposes without her permission might raise right of publicity concerns.

— Trademark: The use of a famous person's name, image, or likeness could potentially lead to trademark issues if the person's name is a registered trademark, or if the use creates confusion about an endorsement or association with your products.

— Fair Use: In some cases, the concept of "fair use" might apply, allowing the use of copyrighted material without permission for purposes such as criticism, commentary, or educational use. However, fair use is a complex legal doctrine, and it's best to consult with a legal professional to determine if it applies in your specific situation.

To stay on the safe side, you should consider the following actions:

— Create original illustrations of public figures or obtain permission from the individuals to use their likeness.

— Use illustrations of individuals who are no longer protected by publicity rights due to historical context (the duration of these rights varies by jurisdiction).

— Focus on using illustrations of individuals who are not public figures or famous, to avoid potential legal issues.

Again, it's essential to consult with an attorney who specializes in intellectual property law to get precise advice tailored to your specific circumstances and local regulations.

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This looks to be pretty much in line with the stuff I found myself.

I guess Jane Goodall could be used, in theory, under "fair use" / educational use (and using original artwork), but I'm not sure a private company (me) can claim to create educational material without some sort of educational affiliation.

Also, my understanding of "fair use" (limited, granted) is that it is a defence, not a right; that is, it's something you claim once someone sues you for infringement, not a right like "freedom of the press".

Of course, I could always just ask her. I can still shoehorn her in under G (Goodall, Jane), or P (primatologist, Jane Goodall) 😊

I already reference a few people and characters on the J poster, namely Juliet Capulet (Romeo & Juliet, out of copyright / public domain), Jane Austen (author), Jack London (author). The latter two have both been dead for 100+ years, so at the very least their works are in the public domain. I'm actually not sure if that means that their names are as well 🤔

EDIT: Here's an article on post-mortem right of publicity, at least as it pertains to the U.S. It seems it's a state-level law, meaning the rules vary wildly between states (anywhere from 20 to 100 years, and from "indefinitely" (if still in use, e.g. Elvis) to "never"). So for Jane & Jack mentioned above, I'd be (mostly — looking at you, Tennessee!) in the clear because they've been dead for for 100+ years.