Originally posted by: Viswasruti
By adding a character's photo, the story is considered suggestive, not subjective; you have given a visual representation to your idea; however, if you add/tag the real person/actor, the story is considered subjective; you are directly stating that it is his story, which is a legally punishable offense! If you seek permission from that actor, it is fine, but how far it is possible for us to contact an actor for seeking permission?
Thanks for the detailed explanation of the legal implications, Viswasruti. I am not a legal expert or a resident of India, but I hope you will agree with these two points:
1. Use of a character's photo is generally tolerated, but use of an actor's photo from real life should be avoided. The character is owned by a creative project with which the actor has signed a contract, so the actor doesn't own the character's photo and it's not the actor's real life identity. Use of the character's photo for a fan fiction about that specific character may be considered fair use, similar to commentary or parody. The actor's real life photo, of course, is owned by the actor and represents the actor's identity, which should not be appropriated without consent. Fan fiction about a specific character shouldn't use the photo of any other character played by the same actor (e.g. in a music video or a modelling shoot) because it belongs to a different creative project.
2. If you receive permission from that actor, it is fine. Merely seeking permission and not getting a reply is not sufficient to justify using an actor's tag or real name in fan fiction.
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