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[jamiederelict]

I work as a t-shirt designer.  I have been thinking about using still images from various public domain films for my work.  I understand it's fair use because it is a derivative work of the original film.  But what I want to know is can I use the likeness of an actor or actress from one of these films due to their image being part of the film, or should I attempt to procure likeness rights?  I'm torn because I feel the actors may still have their own personal right of publicity, but I also would like to create my art as inexpensively as possible.  And would promotional materials for these films be in public domain also?  Thank you in advance for any input.

Jamie

[Smokin]

There are threads in this forum that explain the difference between right of publicity, VS copyrights. While you wont have any issue with copyrights if you use public domain stuff, you may find right of publicity issues.


It used to be that when someone died, so did any right of publicity, but that is slowly changing from state to state.

http://jjkaufman.com/articles/artistvcelb.htm
http://codes.lp.findlaw.com/cacode/CIV/5/d4/1/2/2/3/s3344
http://www.in.gov/legislative/ic/code/title32/ar36/ch1.pdf

[Yak]

I understand it's fair use because it is a derivative work of the original film. 

Also, I think you may be misunderstanding what constitutes fair use. 

A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.

[T]he fair use of a copyrighted work, including such use by reproduction in copies ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.