Can I pretend to be someone else?

24 replies
Can you put a picture of someone else on your website and claim that it is you? I'm creating an affiliate site that promotes one product in spanish and would like to put a picture of an hispanic man in an "about me" post. I also have another site that I'm working on thats strictly for women and would like to have a picture of a woman to represent me.

Is it legal to do this if I get the image from a site like shutterstock? Are there places to get the rights to photos like these for free?
#pretend
  • Profile picture of the author JosephC
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  • Profile picture of the author miklanderson2
    If you do, you're going to need a model release and permission to use the person's likeness. I'm no lawyer, but I don't think Morguefile has model releases on record and you're taking a big risk using someone's image pulled from there.

    You'd be better off getting a cartoon avatar created, I think. At least then you don't have to worry about the person who's image you're using finding it and taking action because you're using them to sell your product.
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  • Profile picture of the author jimvol
    Sure... you can do whatever you want... assuming its legal....I mean, there are Thousands of people with Gerard Butler Avatars with him screaming. If you want to put a picture of another person on your site that would be fine, I would question they WHY behind claiming to be someone you are not.

    You will make a lot more money being genuine and yourself. If you are scared of putting your actual picture out there then you could do something others have done... thats simply to use a characterture of yourself.

    Cheap and simple... lets you be genuine without actually putting your picture out there.

    disclaimer... I am not a legal expert.. I would suggest you bounce legality off an attorney.

    Thanks!

    Jeremiah
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  • Profile picture of the author UBotBuddy
    Be careful!

    Don't shoot yourself in the foot by hiding behind a fake name or even picture.

    My username "UBotBuddy" is my brand and the avatar I use adds to the craziness of my personality. In the circles that I work in they all know my avatar as well as my name plus my FB and personal blog.

    I hide nothing.

    Good luck in your research!

    Buddy
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  • Profile picture of the author positivenegative
    Originally Posted by WarGasm View Post

    Can you put a picture of someone else on your website and claim that it is you? . . .

    Yeah. How about George Clooney? You still wont have his money or looks though.
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  • Profile picture of the author themikerogers
    Taco Bell has a commercial out using testimonials from people named "Ronald McDonald" and saying that they love Taco Bell - even the big guys do it.
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  • Profile picture of the author Barry Unruh
    How about a picture of you shaking the hand of a Hispanic man, and one of you shaking the hand of a woman?

    You could take the picture of you and your wife, girlfriend, etc...and refer to it as your partner.

    Are you hiring someone to translate your content to Spanish? Would they be willing to have their picture on the site?
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  • Profile picture of the author Tsnyder
    Originally Posted by WarGasm View Post

    Can you put a picture of someone else on your website and claim that it is you? I'm creating an affiliate site that promotes one product in spanish and would like to put a picture of an hispanic man in an "about me" post. I also have another site that I'm working on thats strictly for women and would like to have a picture of a woman to represent me.

    Is it legal to do this if I get the image from a site like shutterstock? Are there places to get the rights to photos like these for free?
    I'm not a lawyer but my best guess is a lawyer will tell
    you that if you state (or infer) a material fact for the purpose
    of having someone act upon it by giving you money... and that
    fact is false you may be guilty of fraud.

    The Ronald McDonald example given above is off point because
    RM is a well known fictional character. No one is confusing the two.

    You should really ask a lawyer about this before you step in it too deep.

    Do you really think Hispanic people won't buy from non-Hispanic people?

    I think that's silly.
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    • Profile picture of the author XponentSYS
      Originally Posted by Tsnyder View Post

      I'm not a lawyer but my best guess is a lawyer will tell
      you that if you state (or infer) a material fact for the purpose
      of having someone act upon it by giving you money... and that
      fact is false you may be guilty of fraud.

      The Ronald McDonald example given above is off point because
      RM is a well known fictional character. No one is confusing the two.

      You should really ask a lawyer about this before you step in it too deep.

      Do you really think Hispanic people won't buy from non-Hispanic people?

      I think that's silly.
      Agree - his not being Hispanic won't defer buyers. Know what else?

      Hispanic market is HUGE. I sell my products in Spanish to them. It's an experiment we started 6 months ago that turned into a BUSINESS

      I'm using the same identity I use here (my real one).
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  • Profile picture of the author jimvol
    Originally Posted by WarGasm View Post

    Can you put a picture of someone else on your website and claim that it is you? I'm creating an affiliate site that promotes one product in spanish and would like to put a picture of an hispanic man in an "about me" post. I also have another site that I'm working on thats strictly for women and would like to have a picture of a woman to represent me.

    Is it legal to do this if I get the image from a site like shutterstock? Are there places to get the rights to photos like these for free?
    One more thing... I personally have a niche website targeted to women.. I use my and my wife's pictures and names.. hasn't stopped sales.

    Thanks!

    Jeremiah
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  • Profile picture of the author XponentSYS
    On this forum

    My moniker isn't my name but rather, that of my company. My REAL NAME (Ben Pedersen) does appear under that.

    My tenure here is linked to my consulting business and my company and name are my brands for that.

    There ARE tons of people here who have fake personnas - and with a little basic "detective" work, they're super easy to spot

    Some people here who are men create female alter egos. It's unclear why they do that -maybe they think the market is more apt to buy from their attractive female counterpart? Who knows..... we never will. The term for that is "e-whoring".

    Everywhere Else

    You're describing the use of a "pen name" and that LEGAL practice has been done since the Dawn of time.

    As for me, in the 15 years I've been in the information marketing business, I've created hundreds of products accross hundreds of markets. Done that for both my own endeavors as well as those of my clients.

    In every market EXCEPT this one..... I've used "pen names".

    The reason for this?

    It protects me from those who want to attempt to see what markets we are operating in. That's important to help protect our interests.

    It's also important to consider the fact that it's easier to SELL a business with a pen name attached to it - rather than your OWN name.

    Pen names are a part of information marketing. More likely to buy a PUA book from a guy named "Ben Pedersen" or a guy named "Corbin Furry"?
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  • Profile picture of the author wordpressmania
    It is not the question about whether it is legal or not. It is the question whether you are going to cheating with your visitors or not.
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    • Profile picture of the author XponentSYS
      Originally Posted by wordpressmania View Post

      It is not the question about whether it is legal or not. It is the question whether you are going to cheating with your visitors or not.
      First and foremost, I get why many people feel that using a "pen name" is dishonest. For a VERY long time I felt the same way.

      However, a pen name is one of the fundimentals of the publishing business. It has been for a very long time.

      The reasons for that..... I cite above.
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      • Profile picture of the author Tsnyder
        Originally Posted by XponentSYS View Post

        First and foremost, I get why many people feel that using a "pen name" is dishonest. For a VERY long time I felt the same way.

        However, a pen name is one of the fundimentals of the publishing business. It has been for a very long time.

        The reasons for that..... I cite above.
        The OP said nothing about using a pen name. He said he wanted to
        use someone else's picture and claim that the other person is him.

        Very different scenario.
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        • Profile picture of the author XponentSYS
          Originally Posted by Tsnyder View Post

          The OP said nothing about using a pen name. He said he wanted to
          use someone else's picture and claim that the other person is him.

          Very different scenario.
          Right and I hope that on reviewing this thread, including my input, the OP changes his gameplan and uses a pen name.
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  • Profile picture of the author Luke Dennison
    You're promoting the spanish version of "the ultimate herpes protocol" arent you
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    • Profile picture of the author XponentSYS
      Originally Posted by Luke Dennison View Post

      You're promoting the spanish version of "the ultimate herpes protocol" arent you
      And you're providing value HOW? What an elementary reply...
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  • Profile picture of the author miklanderson2
    There's nothing wrong with using a pen name. A lot of authors of books and information products do it. I do it myself to keep all of the topics I've written books on separated neatly into specific categories.

    Using an image of someone who hasn't given you permission to represent yourself as them is a whole different can of worms.

    I'd definitely consult with a lawyer first and ask him what is and isn't legal and what sort of permissions and documentation you should have before using pictures you aren't sure about.
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  • Profile picture of the author linhuck
    Hi,

    Using a pen name is good, but the picture is a whole different area, I suggest consulting a lawyer on how to do that legally.

    My friends name (not picture) made me a lot of money in the Bass fishing market Sadly that ship went down with my adsense ship

    Linden
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  • Profile picture of the author Zukario
    Originally Posted by WarGasm View Post

    Can you put a picture of someone else on your website and claim that it is you? I'm creating an affiliate site that promotes one product in spanish and would like to put a picture of an hispanic man in an "about me" post. I also have another site that I'm working on thats strictly for women and would like to have a picture of a woman to represent me.

    Is it legal to do this if I get the image from a site like shutterstock? Are there places to get the rights to photos like these for free?
    In my opinion, it is best to be truthful and be yourself rather than being a pretender, but it of course depends on individual.
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  • Profile picture of the author Flyingpig7
    As one poster has already suggested it would be cheaper and legally better to just get an avatar caricature of yourself perhaps an old photo.

    Get someone from Fiverr to do a series of them for you I promise you will not be recognizable in the pictures. Your wife could do the same and you would have solved finding a female picture. This is very acceptable practice as Bloggers do this all the time and perfectly legal.

    As to why people on the internet do it is a rather silly question. Think about it this is the world wide web so many total strangers can see you, your real name, and where you live and if you are really stupid find out the street you live on !! So don't put your address or your house telephone on the internet / your website.
    (This has absolutely nothing to do with trustworthiness as a few posters appear to be implying).

    There are ways around this use Skype for business, a pen name that you can brand and would be happy to sell with the business. Lastly the Avatar that an artist has done for you.
    Very few people would use an address on their website if they do, it would be an office virtual or real as their business has grown bigger and they have actual employees. With all of this thought out you can still be trusted and at the same time have a brand. The bigger IM people all do it, so do Pop Stars, Actors, Writers, etc...
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  • Profile picture of the author WebStatsO
    Be careful you could get sued without the permission of the owner.
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  • Profile picture of the author fin
    I hated using a pen name. When people mentioned my name it just felt weird.

    A photo is different though and if it's just a small affiliate site I don't see a problem. Just take a photo of a homeless Hispanic guy and ask him to sign a release form. Carry a comb in your pocket.

    Use a name like WarGasmique and you'll be golden.
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  • Profile picture of the author talfighel
    Originally Posted by WarGasm View Post

    Can you put a picture of someone else on your website and claim that it is you? I'm creating an affiliate site that promotes one product in spanish and would like to put a picture of an hispanic man in an "about me" post. I also have another site that I'm working on thats strictly for women and would like to have a picture of a woman to represent me.

    Is it legal to do this if I get the image from a site like shutterstock? Are there places to get the rights to photos like these for free?
    I personally would not do it.

    If you want to show your visitors a person's picture, you should add your own picture.

    If you don't want to do that, just add a DOG picture. -
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    • Profile picture of the author Steve B
      WarGasm,

      Any time you attempt to fool, trick, or otherwise deceive your prospects and clients, IMO, you are setting yourself up for problems. Customers don't want to be deceived. Do you want that from the people that you trust as vendors?

      I have to ask, why is it so important that you "pose" as someone else? You can certainly have images of a Hispanic man on your web site without having to claim it's your identity.

      Same thing goes for posing as a woman when you're not. Men sell to women all the time. You don't have to fake your identity as a seller in order to sell. I think you have the mistaken notion that people are going to buy or not buy depending upon who you are. Forget that!

      Buyers want quality products that provide solutions or satisfy their needs and if you focus on that, you will make all the sales you can handle without confusing or deceiving those who give you their money.

      Steve
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