Q: I am seeking legal council for a question I have pertaining to copyright and right of publicity?

A: Hi! This is an interesting and innovative question that I have seen a few times. The question confuses copyright and associated legal doctrine of fair use with rights of publicity, which are a completely different area of law that does not embrace "fair use".

If you have a recognizable image of a public figure, their right to control their name image and likeness covers that image.

A: I appreciate you reaching out for legal guidance on this matter. There are a few key legal considerations to be aware of:

1. Copyright: In general, using AI to generate original artistic images would not inherently violate copyright law, since you are not directly copying existing copyrighted works. However, if the AI was trained on copyrighted images of Johnny Depp, there could potentially be copyright implications depending on how those images are used in the training and output. The fair use doctrine in copyright law allows for some limited use of copyrighted material without permission, based on four factors: purpose of the use, nature of the copyrighted work, amount used, and effect on the potential market for the original. But fair use is decided on a case-by-case basis.

2. Right of Publicity: In addition to copyright, many jurisdictions recognize a "right of publicity" that gives individuals (including celebrities) the right to control the commercial exploitation of their name, image, likeness, and persona. Using Johnny Depp's likeness for commercial purposes, even in original AI-generated art, could potentially infringe on his publicity rights, unless the use is somehow transformative enough to be considered protected artistic expression under the First Amendment. This is a complex legal area that is still developing, especially as applied to AI-generated content.

3. False Endorsement: Care should be taken in the marketing of this product to avoid any implication that Johnny Depp has endorsed or is affiliated with the art in any way. Misrepresenting a celebrity's association with a product could lead to additional legal issues.

Given the nuances involved, I would strongly recommend consulting an IP attorney before proceeding with this business idea. They can help you navigate the potential risks and determine what steps may help mitigate legal exposure, such as obtaining licenses, adding clear disclaimers, limiting distribution, etc.

I hope this general information is helpful as a starting point, but please do seek professional legal guidance to fully assess the viability of your plan.