Can I paint a picture of someone without their permission

This is an area of law in flux, since there's an attempt to balance free speech with a person's right to control and profit from their own persona, and most states have a right of publicity law that protects from the use by others of someone's name and likeness. Currrently under California law, where a lot of celebrities live, you're not allowed to use someone's name or likeness without their consent (Civil Code section 3344, linked below). But even though your painting's subject is not well known, I think your use of their likeness for a single piece of fine art and your 1st Amendment rights of artistic expression would trump their claim of misappropriation of their likeness and violation of their right of publicity.. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I think Ms. Koslyn is spot on. Works of visual art are afforded strong First Amendment protection. State law-created rights -- such as the potential right of the person shown in the artwork to control how and when his or her likeness is displayed -- are cabined by, and must be interpreted consistent with, this federal First Amendment right. With that said, however, your right to create visual art that shows images of recognizable people must be evaluated along a continuum: at one end, no right at all and, at the other, an unfettered right. The more artistic expression is shown in the painting the further along the continuum you go -- and you go even further if the artwork is a one-of-a-kind that is not reproduced as prints for sale. You're likely in the "no right at all" area if you merely re-create the photographic image of the person as a painting and then offer to re-sell his or her image as prints. All artists should buy a few books on "art law." Query that phrase on amazon.com and read a few of the books. As for the painting of the person who objects, it makes a lot of business sense to heed his or her wishes. It's hard enough to sell artwork without having to overcome negative publicity or a bad reputation caused by a spat with someone. Nowadays everyone can lawfully publish negative comments, if truthful, about anyone on the innumerable forums provided by the internet. I wouldn't hang the painting -- even though you likely have a right to do so.