3D celebrity likeness

What is the name of your state? California

I am creating a celebrity likeness as a 3D animatable model for use in the Poser human-figure program. I am not charging and do not intend to charge for the model, nor does the model bear the celebrity's surname, though the likeness is very well-realised.

Researching the Net for legal implications leads me to understand that the law is perhaps lagging behind the desktop revolution and waiting for a landmark case to clarify the issue of Digital Cloning, because I find on the one hand that in many states (though I don't know about California), physiognomy and physical characteristics cannot in themselves be copyrighted, yet the Cybercrimes site ( http://cybercrimes.net/99MSCCC/MSCCC/Article3/3.04.2.html ) would lead one to believe that Federal law has already clarified the matter.

This is an issue that apparently will not be addressed until some individual has the skill and desktop resources to convincingly put a moviestar into a POPULAR porn film. Is American (or at least Californian) law completely unprepared for this inevitable eventuality?

To return to my case, I am making a Digital Clone of a real person at a younger stage in their career.

* Am I allowed to do this?
* Does the naming of the model have a bearing?
[ Currently there are Digital Clones available for sale of the actresses
Gillian Anderson and Sophia Loren (amongst many others), wherein
the products are called 'Gillian' and 'Sophia', sans surnames. Would
the use of a completely unrelated name affect the issue legally?]
* Does the commercial/non-commercial nature of such a project influence
the law's standpoint on virtual cloning?

twosheds said:

To return to my case, I am making a Digital Clone of a real person at a younger stage in their career.

* Am I allowed to do this?
* Does the naming of the model have a bearing?
* Does the commercial/non-commercial nature of such a project influence
the law's standpoint on virtual cloning?

Click to expand...

I STRONGLY suggest you read and understand California Civil Code § 3344, which can be found at:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3344-3346

So does 3344.1 (2)of that document cover such a digital likeness in the way it may cover a sculpture?

"(2) For purposes of this subdivision, a play, book, magazine,
newspaper, musical composition, audiovisual work, radio or television
program, single and original work of art, work of political or
newsworthy value, or an advertisement or commercial announcement for
any of these works, shall not be considered a product, article of
merchandise, good, or service if it is fictional or nonfictional
entertainment, or a dramatic, literary, or musical work"