Do I need permission to use images of famous people

XYZcontent

13 years ago

[DELETED]

{{ DiscussionBoard.errors[4749468].message }}

tigerwar 13 years ago

Well those are my thoughts too, but I'll be selling these pictures, so there's a direct link between the income and the famous persons which could possibly breach the law. I really don't know , just trying to cover myself before starting

Originally Posted by laurent0rz

I highly doubt anything will happen to you for using those kind of pictures. Millions of people all around the world use them.
- Thanks
{{ DiscussionBoard.errors[4749547].message }}
Alexa Smith Banned 13 years ago

Originally Posted by tigerwar

Do images on the google search engine have restrictions?

Yes, of course they do. Unless specified to the contrary, they're subject to the laws of copyright, just like any other content you don't own yourself.

Many celebrities and some media photographers (who can own the copyright) have PR agencies which employ people whose full-time occupation it is to identify and take action over online instances of breaches of photographic copyrights and usage of celebrity images for financial gain. You can have your site taken down, and be sued both for any profit you've made from it, and for punitive damages.

Originally Posted by laurent0rz

I highly doubt anything will happen to you for using those kind of pictures.

I'm not a lawyer, but I strongly urge anyone reading this thread to ignore the opinion above. Unless of course Laurent0rz wants to pay your future legal bills ... :rolleyes:

The fact that "other people are doing it" doesn't make it sensible. (Nor does it make it honest, if that interests you.)
- [ 1 ] Thanks
{{ DiscussionBoard.errors[4749549].message }}
Istvan Horvath 13 years ago

Originally Posted by laurent0rz

I highly doubt anything will happen to you for using those kind of pictures. Millions of people all around the world use them.

That's the dumbest post of the day...

Why are you giving ignorant advice that can, potentially, ruin his business if gets sued by the copyright holder?
- [ 1 ] Thanks
Signature
{{ DiscussionBoard.errors[4749551].message }}
rrm 13 years ago

Originally Posted by laurent0rz

I highly doubt anything will happen to you for using those kind of pictures. Millions of people all around the world use them.

That here's some shaky ground. It may be true that "millions of people all around the world use them", but that's not the point. You want to do what is right and legal, not what you can get away with. Too much of the IM world (and the rest of the world for that matter) is full of people who want to take the wrong kind of short cuts and circumvent the legal system as much as they can get away with. I believe tigerwar has the right intentions.

As I understand it, there are two main rights associated with images of famous people - right of publicity and right of privacy. They are opposites of each other. The right of publicity recognizes that a person can use his/her own image for economic benefit, i.e., make money. Anybody else using that image for economic benefit without permission of the person whose image is exploited is very possibly violating U.S. law.

If you don't have permission to use the image, can you be sued for using the image for commercial gain? Yes. WILL you be sued? Probably not. No matter. I am not a fan of playing Russian Roulette with the law. Do the right thing. Get permission if in doubt.

Ron
- [ 1 ] Thanks
Signature

It's not enough to want it... you have to want it enough.
{{ DiscussionBoard.errors[4749568].message }}

Will Edwards

13 years ago

All pictures are subject to normal copyright restriction including those in Google's image search. If you use an image without the appropriate rights, you could end up in legal trouble.

Will

[ 2 ] Thanks
1 reply

{{ DiscussionBoard.errors[4749524].message }}

Winlin

13 years ago

Originally Posted by Will Edwards

All pictures are subject to normal copyright restriction including those in Google's image search. If you use an image without the appropriate rights, you could end up in legal trouble.

Will

As Will points out "All pictures are subject to normal copyright restriction". It's a fallacy to believe that once someone becomes "Famous" (a subjective concept) that all images of them become a part of the public domain.
-Proceed with caution...

-winlin

[ 1 ] Thanks

{{ DiscussionBoard.errors[4749561].message }}

jonasgr

13 years ago

As Will said they are subject to copyright restriction, or well most of them. You should use royalty free pictures, to be safe.

Thanks

{{ DiscussionBoard.errors[4749536].message }}

CDarklock

13 years ago

1. Celebrity images are treated as trademarks worldwide.

2. All human beings in the United States are endowed with "natural trademark rights" in their own likeness and identity.

3. Don't ask for legal advice on forums. The above facts should help you answer your own question. If those facts are insufficient, consult an attorney.

[ 1 ] Thanks
1 reply

Signature

"The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers

{{ DiscussionBoard.errors[4749553].message }}

tigerwar

13 years ago

Originally Posted by CDarklock

1. Celebrity images are treated as trademarks worldwide.

2. All human beings in the United States are endowed with "natural trademark rights" in their own likeness and identity.

3. Don't ask for legal advice on forums. The above facts should help you answer your own question. If those facts are insufficient, consult an attorney.

Thanks,

It's not a case of asking for direct advice, more a question of "what have you experience in this area"

Thanks
1 reply

{{ DiscussionBoard.errors[4749572].message }}

Istvan Horvath

13 years ago

Originally Posted by tigerwar

more a question of "what have you experience in this area"

Experience? - Why do you assume we all use images that we don't have the right to use and that we all commit copyright infringement?

Normal people don't steal copyrighted material from others: be it text, image, software etc.

A photographer owns the copyright of the images you find "on the internet" (search engines). Just because you can find it that doesn't change the fact that is copyright protected.

Thanks
1 reply

Signature

{{ DiscussionBoard.errors[4749593].message }}

tigerwar

13 years ago

Originally Posted by Istvan Horvath

Experience? - Why do you assume we all use images that we don't have the right to use and that we all commit copyright infringement?

Normal people don't steal copyrighted material from others: be it text, image, software etc.

A photographer owns the copyright of the images you find "on the internet" (search engines). Just because you can find it that doesn't change the fact that is copyright protected.

No body is implying anything here Istavan,

experience can also be knowlegde learnt from others!

Thanks

{{ DiscussionBoard.errors[4749628].message }}

abubakar89

13 years ago

do not just save from google search. Go to actual website and then save it for your own use.
For example if you reach a photographers website in this situation those images will have copyrights and you are not allowed to use them.

A little research can save you from big trouble in the end

I hope this helps

[ 1 ] Thanks
2 replies

Signature

Top Quality, W3C Valid, PSD to HTML, PSD to WordPress & PSD to Responsive Service
✂---------------------------------------------
☆☆☆☆ 3 Review Copies Left - 50% off Special Pricing ☆☆☆☆

{{ DiscussionBoard.errors[4749596].message }}

Istvan Horvath 13 years ago

Originally Posted by abumadni

do not just save from google search. Go to actual website and then save it for your own use.

Another smart....

What is the difference between stealing from G. or from the original site?
- [ 1 ] Thanks
Signature
{{ DiscussionBoard.errors[4749608].message }}
FredJones 13 years ago

What most others have said is what I believe too.

If you cannot do without the pics, how about trying to get written permissions from the celebrities? I think its unlikely that you shall get one but if it is a show-stopper then you might as well try because you probably cannot lose by making a written request.
- [ 1 ] Thanks
Signature
Get funded up to US $2 Million for your business as a JV (not a loan). Keep 80% of the profits.
{{ DiscussionBoard.errors[4749620].message }}

sadiecopywriter

13 years ago

I used to be active in the visual arts world and this question came up all the time. Artists always want to use pictures of celebrities in their paintings or sculptures.

A friend of mine did actually get sued for this and she explained the rule this way to me; (After she lost.)

If it's a person who makes a living off their image, like a movie star, TV star or music star than they can and do have the right to sue you. (That's where she made her mistake.) The same is true is it's a TV/movie character.

However if it's someone who is just famous and is not in the entertainment industry, like a politician, then you can use their image all you want.

They make their money on their deeds, not their image, so unless you're saying slanderous things about them, using their image doesn't actually hurt their ability to make a living.

That's why it's different from the entertainment industry. People pay a lot of money to use the images of entertainment celebrities. This is how they earn their living. It's called 'licensing'.

While many won't sue you, they all have a right too, and it only takes one sue happy celebrity to ruin your life.

[ 1 ] Thanks
1 reply

Signature

Mercedes
Need Free & Legal images for your books & blogs?
Check out the FREE Little Black Book of Royalty Free Images.

{{ DiscussionBoard.errors[4749638].message }}

Alexa Smith

Banned 13 years ago

Originally Posted by sadiecopywriter

If it's a person who makes a living off their image, like a movie star, TV star or music star than they can and do have the right to sue you. (That's where she made her mistake.) The same is true is it's a TV/movie character.

Again, that's regarding the "personality/trademark" rule ... there's still the copyright to think about, separately/additionally.

Originally Posted by sadiecopywriter

However if it's someone who is just famous and is not in the entertainment industry, like a politician, then you can use their image all you want.

But not if you don't own the copyright to the photo.

The photographer/agency who owns it can still sue you for breach of copyright, whether the person depicted is famous or not.

It's like any other content you don't own, in that regard.

I'm no lawyer, Sadie, but I do think your friend has misinformed you, here. If she thinks it's ok just to "take" and use a photo of someone, and the fact that the person isn't famous will protect her from a lawsuit over breach of copyright, I'd advise her to have a little re-think about that proposition, I really would. The "You can use their image all you want" part doesn't sound right to me, at all. It can't be, really, if you think about it, can it?

[ 1 ] Thanks
1 reply

{{ DiscussionBoard.errors[4749767].message }}

sadiecopywriter

13 years ago

I'm no lawyer, Sadie, but I do think your friend has misinformed you, here. If she thinks it's ok just to "take" and use a photo of someone, and the fact that the person isn't famous will protect her from a lawsuit over breach of copyright, I'd advise her to have a little re-think about that proposition, I really would. The "You can use their image all you want" part doesn't sound right to me, at all. It can't be, really, if you think about it, can it?

Could be true, I'm no lawyer. (And my friend did loose so clearly she didn't understand...

)

I do know from my own personal experiences that you do need a model release if you're using any non-famous people who aren't stock photos in your work. You can't just go around taking pictures of anybody and using them however you want.

Back when I did art, I always got a release. But I've never used any famous people.