It’s kinda strange to imagine a person’s face being locked out of the arts because a character or actor who looked like them got there first.

  • PlzGibHugs@piefed.caEnglish
    26·
    6 days ago

    As a disclaimer: I’m not an expert (or a lawyer) on the subject, but am interested in it and have done quite a bit of hobbiest research.

    From my understanding, you can, but have to be able to defend your claim in court. For example, there can’t be significant evidence that you were previously looking at the celebrity, and you obviously can’t use features specific to the given celebrity. That said, its going to be very easy to prove if you are the lookalike or are working directly with them.

      • Jimmycrackcrack@lemmy.ml
        2·
        3 days ago

        Trouble would be, if you did that, you’d really want to be leaning in to the fact that it actually was or very much resembled x specific celebrity and that’s probably when you’d have crossed the line in to unauthorised use of their likeness. If your porn production has nothing to market it as being something people want to watch because the star looks like someone in particular then it’s just one of a million other pornos.

        It’s also be legally dicier since it seems that there’s plenty of grey area from the examples people have cited where celebrities successfully litigated against unauthorised use of their likeness and since it’s porn they’ll be so much more upset about it and courts likely a lot less sympathetic to your defence given just how damaging and upsetting it would be for the litigant. At least of it’s using a different actor for a character in a sequel you can still sell people on how much like the character your chosen star is and so even if you chose someone that looked just like the last actor there’s the whole aura around the franchise and the love for the character itself that can help you market it as being basically the same person without having to say it is and getting in to trouble.