Copyright issues with Pictures of Celebrities

Nick · 12-04-2006, 04:37 PM

In theory, am I breaking copyright laws by displaying pictures of celebrities without the consent of the photographer?

How do people get around this or should i not be worried about it?

StupidScript · 12-04-2006, 05:03 PM

It depends on what you are doing with them.

For example: a "fan" site featuring a particular celebrity (or group, such as a band) is okay. Also, a "parody" is generally okay, like if you are spoofing Madonna by adding even more armpit hair. Check with the U.S. Government regarding the exact nature of copyright protections for celebrities in general.

Note that if the photos are copyrighted by the photographers, themselves, or the news organizations that paid them to take the pictures (a "work for hire"), there are additional layers of copyright protection to wade through. But if you keep your site limited in its scope, as described above and in the text of Title 17, you should be okay.

As a blanket rule, you cannot simply post other people's photos and then charge for copies of those photos or charge others to view them, like by using some kind of paid registration system.

Nick · 12-04-2006, 05:08 PM

So, with that said, I would guess celebrity gallery sites are okay to create as long as it's free and I am not taking away the photographers rights to sale (exclusively from them).

That is good news.

StupidScript · 12-04-2006, 05:31 PM

If you feel comfortable with that interpretation of the copyright law, then I guess it is good news!

ewomack · 12-04-2006, 06:40 PM

Fan sites are not automatically "ok" because they're fan sites. Individual photographers have rights to duplication and distribution, whether or not you make money from them, and thus could ask you to remove their photos and sue you if you don't comply. Do they have better things to do? Yes, but Prince actually tried suing some of his own fans for posting "unauthorized photos" on fansites. Ultimately it's up to the owners of the copyrights. But fan sites don't automatically get clearance for copyright.

StupidScript · 12-05-2006, 02:48 PM

This nifty item might give you some new ideas regarding which photos might need attribution or some licensing agreement.

jasonpoteet · 12-05-2006, 04:22 PM

Quote:

Originally Posted by StupidScript

This nifty item might give you some new ideas regarding which photos might need attribution or some licensing agreement.

Now that should definitely get a owned pic. Funny stuff.

TubHosting · 12-05-2006, 08:04 PM

Hmm actually if a copyright work is being used without the owner permission is breaking the copyright law.

But, companies don’t sue others if they got something to gain from that extra free exposure. And if they think you will end up in jail and they end up with the lawyer bills than they won't even care too much about you maybe a warning letter and that's it

Just look at recent youtube thing, even the music company knew there several copyright infringement they don't do much but once a giant overtook it, lawsuit just naturally follow.

andheresjohnny · 12-06-2006, 02:18 PM

Never having had a celebrity site, I've sometimes wondered where the webmasters get the pictures?

Do they just search Yahoo or Google images? Are there repositories where someone could find these graphics?

I figured no one actually purchased the photos ... but maybe I'm wrong. I've read that some of these female fan sites can do pretty well financially. Maybe it is worth it to purchase or lease the pictures.

Can anyone comment on that?

Thanks.

Forsh · 12-16-2006, 02:55 AM

Photographers or agencies own the copyright to photos. That right vests upon creation of the work. Additionally, you can pretty much display photos of anyone in Editorial works without their consent, it's when you're using their likeness to sell a product, service, or idea where the problem arises. Commercial/Editorial use greatly differs. Of course, this may vary from country-to-country, but I register all of my photos with the Library of Congress and am a member of the SAA, so I have had the resources to gain a small understanding of U.S. copyright law and photography.

ProjectGreenbacks · 12-29-2006, 10:23 PM

Quote:

Originally Posted by TubHosting

Just look at recent youtube thing, even the music company knew there several copyright infringement they don't do much but once a giant overtook it, lawsuit just naturally follow.

NBC filed suit against YouTube then dropped the suit and started giving them free content instead. That's why there is a ton of NBC clips on the site.