The FAR® Blog

Photographs, portraits, and sculptures often incorporate or focus on a human subject – a model or models. But whether those models are willing or unwilling, have consented or not consented to having their image used in a work varies widely from piece to piece. What are the rights of the models who form the subject of an artwork, and what should an artist be aware of when using a model in his or her work? Do you know how to avoid running afoul of model’s rights in your work?

In this article, attorney and Fine Art Registry™ legal analyst Cindy Hill discusses the examples of two famous model subjects: Sharbat Gula, the haunting face of an Afghan refugee in Steve McCurry’s famous National Geographic cover photograph, and Virginie Amelie Avegno Gautreau, the “Madame X” of John Singer Sargeant’s renowned painting. Did these women consent to having their portraits created? Did they receive compensation for the economic rewards generated by the artwork bearing their images? Were they able to influence the future of these popular pictures of themselves? And what impact did the act of being a model in a famous artwork have on their lives?

Any artist who incorporates images of people – living or dead, famous or anonymous – in artwork needs to know the legal ramifications of using another person’s image. There is no federal statute regarding publicity and privacy related to artwork, only case law setting out, on a case-by-case basis, what the common sense boundaries of publicity and privacy ought to be, depending on the person and situation involved (though many states have state laws on the subject). Learn the four factors which American courts consider when determining whether a model’s privacy and publicity rights have been violated, and learn how to avoid the complex legal entanglements which result if an artist does not respect a model’s legal rights.

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