Joshua Kaufman was quoted on March 15, 2018, in Artsy in an article about the issue of the juxtaposition between the right of publicity and an artist's ability to capture an individual in an art work.
Broadly, courts have favored artists in this and similar cases, as long as they refrain from mass-producing the image too widely on commercial goods. "There is a limited right to use someone’s likeness in a 'fine art' context, perhaps without their permission," said Mr. Kaufman. "I would steer them away from licensing the artwork—be it on puzzles, keychains, posters, any of those types of uses."
Broadly, courts have favored artists in this and similar cases, as long as they refrain from mass-producing the image too widely on commercial goods. "There is a limited right to use someone’s likeness in a 'fine art' context, perhaps without their permission," said Mr. Kaufman. "I would steer them away from licensing the artwork—be it on puzzles, keychains, posters, any of those types of uses."