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Can I post pictures of celebrities on my for profit website
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Posted about 1 year ago in Intellectual Property
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Asking for permission?:
Hi,
I am planing on making a webste, from which I should be earning money. The problem I have faced with regarding the legal issues is the following: 1. I would like to upload photos of celebrities, although I know I have to obtaine permission from the photographer, does this permission should be in a form of agreemant or I could simply sent an e-mail and his/hers replay (if positive) is enough, meaning having an e-mail where the owner of the photo is giving me permission to use it as I please is legaly acceptable? 2. Do I also need to get a permission from the celebrity who is on the photo. The general look of the website would be consisted of couple of photos from the celebrities on which people will click I will charge for that, I will not modify or resell the photos. Thanks - Is this your question? Add additional information Answers (1)
Oscar Michelen
This attorney is licensed in New York.
Posted about 1 year ago.
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You would need consent (license) from the photographer. A license is more than a simple "yes" on an email. Most paparazzi that regularly sell images of celebrities have agents; they have pre-printed form licenses that consist of a few pages.There are many issues related to your use and the permission you would be granted to use the image. In addition, you are correct that the celebrity has a right to object to the commercial use of their image without permission. You would need to obtain their consent as well. While obtaining consent is always the safest way to proceed, you may have some defenses to the use withotu permission. For example, if you intend to establish a website that critiques movies or tv shows, then use of copyrighted material for critique and criticism can be considered a "fair use." Without knowing what the purpose of your website is or the manner in which you intend to use these celebrities' images, it would be difficult to ascertain if you had any other defenses that would save you from having to obtain permission. It is always best, before starting on any such business venture, to take the time and have a consultation with a qualified practitioner in your area. Good luck.
DISCLAIMER- THIS CAN NOT AND DOES NOT TAKE THE PLACE OF LEGAL ADVICE> IT IS FOR INFORMATION PURPOSES ONLY. IT DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONSULT A QUALIFIED LOCAL PRACTITIONER IN YOUR AREA FOR LEGAL ADVICE.
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