I've launched a Michael Jackson website. Can I link to other articles, videos and photos of him without permission?
Dallas, TX
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Posted about 1 month ago in Intellectual Property
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I would also like to link to news articles and videos of this late performer. Do I need permission to simply write my "own" headline, summary and then place a link to wherever the content resides? I know better than to use photos or other graphics without permission. I have already purchased the right to AP photos of him (not cheap!).
Answers (1)Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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If you licensed the rights to certain photos, you can display those, subject to the terms of your license agreements, but for anything you haven't secured rights to, including videos and news stories written by others, you'll be infringing on the creative works of others, as well as violating Michael jackson's publicity rights, which his estate retains even after his death.
The facts contained in the news itself is available to anyone, so if you wrote your own news articles, you could those. And while so far there's no definitive court ruling on using news stories written by others (please see the link below), there are recent settled lawsuits where news aggregators have been sued, by AP for, instance, for writing their "own" headline to others' new stories, even while linking to the original. So if you do that, there's a good chance you'll be sued. 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. |