copyright trademark germany right-of-publicity
When can I sell 3d models and 2d renders of dead peoples and celebrities?
<p>When is it allowed to create and sell 3d models and 2d renders of existing dead people and celebrities?</p>
<p>I can imagine this is not a easy topic and is different depending on the jurisdiction. Here are some thoughts from me. Also which jurisdiction count? The place I live (Germany)? The countries I'm selling to? The country the original person lived in?</p>
<p>Another question is when does the 3d model or render look similar enough that copyright / trademark law applies? A different skin color, makeup or hair style is enough to make the 3d model unrecognizable to the person you took reference from.</p>
<p>What difference does it make if a person is dead or alive?</p>
<p>Does the format I'm selling make a difference? 3d model, comic, video game.</p>
<p>How does the date of death matter?</p>

<p>German law protects the Right of Personality, of which the Right of Publicity is a part. The Right of Publicity protects individuals from having their identity exploted for someone else's gain, without their permission.</p>
<p>Using an individual's likeness in the way you describe would violate this, including that of non-German citizens. Depending on what you used this image for, you would potentially face a civil suit.</p>
<p>Changing aspects so they're unrecognizable would likely depend on the specifics and intent would count. Honestly, if you're going to change them to be unrecognizable, why even bother- just create an original character.</p>
<p>This right lasts for 10 years after the individual's death- during this time it is controlled by the deceased's estate. After 10 years, you would be able to use them this way.</p>
