In a message dated 3/11/01 6:34:18 PM Eastern Standard Time, ijc@bas.ac.uk writes:
<< Just because you get up on a stage, or in front of a camera, doesn't mean you sign away your rights as a private human being. Duplicating a framegrab is simply making an unauthorised copy of a performance: unlawful, but in this context hardly a great crime. Using that likeness to create pictures of that person doing a performance which they would most likely be unwilling to do is overstepping the mark. >>
I do not know the copyright laws of the UK. I do know something about the laws here in the USA, though, and yes, to some degree the performer does sign away their rights when it comes to having photos taken (although certainly not DURING a performance if it is prohibited by the management) of them and artwork done of them. In the case of photos, for instance, taken in public or at public events (such as conventions), the copyright belongs to the photographer, not to the actor (or public figure... the same is true for politicians, sports figures, etc.). The actor has nothing to say about the photographer selling that photo. In the case of original artwork, the artist owns the copyright, not the public figure.
Annie
Replying to Iain and Annie:
The actor has nothing to say about the photographer selling that photo. In the case of original artwork, the
artist
owns the copyright, not the public figure.
However, there is a distinction between the copyright in the artwork (which does belong to the artist or the assignee of the artist) and the performer's right of publicity (right to control the use of his/her likeness).
-(Y)