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Celebrity-photo copyright concern/question?

Discussion in 'Blogging' started by collegedo, Sep 7, 2008.

  1. collegedo

    collegedo Newbie

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    I am planning to put up some Hollywood celebrity photos on my blog which has a purpose of revenue-generation. Most of these photos will be obtained from other forums/blog/sites.

    I understand there could be legal concerns, so I am wondering if anyone knows how and where I should go about obtaining the legal knowledge regarding this, I don't wanna get my @ss sued.

    Some ppl suggested one way to go about is to use non-copyright protected, or other word "publicly used", celebrity photoes. I am not sure how I can distinguish between the copy-righted and the non-copy-righted. Are non-copyrighted photos the ones where celebrities are shot in public by paparrazi? If anyone can show me a site that contains non-copyright/public use celeb photos, that will be much appreciated.

    Finally, I wonder if this can get around the issue. If I post celeb photos which have undergone a lot of editing via photoshop (ie: contrast, lighting, style, etc), will the copyright becomes an nonissue?
     
  2. wannabe

    wannabe Registered Member

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    same question here
     
  3. beelzebubbles

    beelzebubbles Newbie

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    I wouldn't worry too much. Depending on where you steal the pictures you're highly unlikely to get any hassle for it, and even if you do it won't be anything more than "This is my photo, take it off your blog!"

    The 'public place' thing is to do with the legality of taking the photos in the first place: you don't have to worry about that. In the context of what you're doing it's not going to make any difference.

    You're essentially breaking two laws with what you're doing:

    1. You're using copyrighted images without permission. The copyright is either owned by the photographer, or in many cases by the newspaper/magazine/whatever that hired them.

    2. You're using a person's image for commercial purposes without the permission of the person in question. You can take a photo of anybody in a public place and then use their image for 'editorial content'. So pictures of people sunbathing at the beach can be used in a newspaper story about a hot summer without permission. But to use that same photograph in an advert would require a model release from the people featured.

    Pictures of people on a blog which you monetise through Adsense or whatever is a much greyer area. While getting Jessica Alba's photo printed onto T-shirts and selling them online will probably draw some heat eventually, the blog-thing is unlikely to ever get noticed (although if you're not hosting it yourself then you'll probably get banned).

    So basically, don't worry, you're unlikely to get any shit for it and even the level of shit you might get for it is extremely minor. And if you're still worried then stick to Creative Commons photos from Flickr or something (you still fall foul of broken law no. 2 but that's the less likely to cause problems law in my opinion). It'll take a long time to find anything decent though.

    (Having said all of that, I'm not a lawyer, I'm just a random guy on the Internet, so do your due diligence...)
     
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  4. Tilt4832

    Tilt4832 Regular Member

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    I would add just a small bit onto the post above. Children get special protection under the law. And from parents. Taking pictures of little girls or boys :eek: rising off at the beach would be a bad idea. People might over react even if absolutely innocent.
     
  5. beelzebubbles

    beelzebubbles Newbie

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    Actually. that's not true, at least in the UK and USA, I'm not sure about the rest of the world. If you're in a public place then you can photograph anybody, their age makes no difference whatsoever.

    Of course, in this day and age photographing children on the beach is likely to get you beaten up, but you will have broken no laws.
     
  6. Tilt4832

    Tilt4832 Regular Member

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    We'll need to agree to disagree on that, I was at an affiliate lunch meeting with 3 professional photographers and there seemed to be no doubt in their minds at all. Maybe they just didn't want all of the alphabet agencies seizing their computers to make a point.

    The beating up thing, yeah it happened near here a few years back.
     
  7. AUTOATTACKER

    AUTOATTACKER Registered Member

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    In my humble opinion, it's okay if you'll use other photographer's photos in your blog as long as you don't claim ownership of it. As a warning, you can write a caveat or a footnote stating that the owner can request you to take out his photos from your blog if he doesn't want it to be posted in your blog. Luckily, the internet realm is a vast expanse it's very hard to police it. on the other hand, if you commit an heinous crime for sure the long arm of the law will go after you whereever you are in the universe.
     
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  8. beelzebubbles

    beelzebubbles Newbie

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    Probably so. Legally they're definitely within their rights to photograph anybody in a public place, irregardless of age. (As long as they're not asking a kid to pose 'provocatively' of course, because then you stray into the 'making obscene images' territory which is a different matter. But candid shots are legal).

    I've been reading a little about the issues for a while and plenty of photographers have been harassed by the police for perfectly legal activities. Because of course the police don't tend to know the law too well. And to be fair to them, there's a hell of a lot of law to know. I've taken to carrying around a card with the following printed on, just in case:

    "Under UK Law:

    There are no restrictions on taking photographs in a public place or on photography of individuals, whether they are adults or minors.

    There is no right to privacy in a public place, although photographers are of course subject to the usual libel laws.

    Equipment or film may not be confiscated, or images deleted, by any person or officer unless a warrant for such action has been issued.

    Any attempt to do so without a warrant is considered assault under UK law."

    I haven't had any hassle yet, and don't tend to take too many candid shots of people anyway, but it's in my wallet just in case...
     
  9. ahcmo

    ahcmo Registered Member

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  10. nam6641

    nam6641 Supreme Member

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    if the photos have the photographer's name or trademark or copyright on them don't use them. if there is nothing on the photo then i think you can use it.
     
  11. megacash

    megacash Newbie

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    I completely disagree. Once a person took a photo whether he/she put a copyright on it or not, he/she own the right for it. In simple term, every photos that you took you own the copyright. With people's photos you took and recognizable you do need their Model Release
     
  12. tattoo

    tattoo Regular Member

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    it might be considered fair use if you link back to the originating site
     
  13. Fancy

    Fancy Newbie

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    Hello. I want to use few photo from "Shakira Official Facebook Profile" or from "Madona Official Facebook Profile" for commercial purposes. It is legal or illegal? Maybe I can refer source of photo and everything would be legal? Need advice.
     
  14. markhenry121

    markhenry121 Elite Member

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    Yes i agreed with you that you can used that photo.
     
  15. Fancy

    Fancy Newbie

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    Good idea :)