- I want to create a series of paintings using the bodies of celebrities and paint over their heads with random animals
- The bodies of celebrities will be the same, but their heads will be completely different and so will the backgrounds. Imagine an iconic Marilyn Monroe photo with your own head replacing hers. Regardless if you are male or female
- Is this copyright infringement?
- If yes, Is there a way to get around the copyright infringement?
- I want to mostly sell in the US, UK and AUSTRALIA
I really appreciate your assistance here, means a lot!
I am not a lawyer and you should talk to a lawyer for professional legal advice. That being said, I would assume you won't run into any issues because you are creating original art instead of taking art someone else made and passing it off as your own. There is a chance the celebrities you paint will be delighted and actually share your work within their online communities! Let me know if you want to chat more about getting this up and running.
In order to find out if Fair Use applies to you and your plans, consider these four factors:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantial portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
Happy to discuss in detail if you wish!