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How to use celeb photos legally

by busybee100
4 replies
Hi guys. I've been speaking to a prospective client who wants me to build a fashion style blog with affiliate links which is fine. But she wants to feature celeb photos with links to the clothing that they are wearing. She says lots of other blogs do this but I am worried about copyright. Here is just one of many blogs she used as an example in the meeting

Kate Middleton Style Blog

It shows all the latest images from a wide variety of photo agencies. But I think the blog owner must be paying a fortune to all the photo agencies or paps for these pics. When I raised this issue (I don't want to lose the project but I don't want her to be sued either) she dismissed my concerns as 'lots of people do it' and she could just take her own photo of the photo to get over the copyright issue. Yes she really said this! Does anyone know how to acquire these pics legally? Is there a central photo agency that she can subscribe to or something? I don't want to be visiting my client in jail!
#celeb #legal #legally #photos
  • Profile picture of the author JohnMcCabe
    Originally Posted by busybee100 View Post

    Hi guys. I've been speaking to a prospective client who wants me to build a fashion style blog with affiliate links which is fine. But she wants to feature celeb photos with links to the clothing that they are wearing. She says lots of other blogs do this but I am worried about copyright. Here is just one of many blogs she used as an example in the meeting

    Kate Middleton Style Blog

    It shows all the latest images from a wide variety of photo agencies. But I think the blog owner must be paying a fortune to all the photo agencies or paps for these pics. When I raised this issue (I don't want to lose the project but I don't want her to be sued either) she dismissed my concerns as 'lots of people do it' and she could just take her own photo of the photo to get over the copyright issue. Yes she really said this! Does anyone know how to acquire these pics legally? Is there a central photo agency that she can subscribe to or something? I don't want to be visiting my client in jail!
    Celebrities (actually, anyone, but most of us will never need it) have the right to control how their likeness, name, etc. are used. There are certain exceptions, like paparazzi taking photos from public appearances, but otherwise, you need a model release.

    In addition, there's the issue of stealing the photos from the sites/sources like the blog you used as an example.

    Truthfully, it sounds like your client is an idiot. There's a huge difference between "okay to do" and "haven't been caught and punished yet". As for 'taking a picture of the picture', don't even try to use this as a defense. It's called 'creating a derivative work' and is covered under copyright law.

    If you client is too cheap to license celebrity photos, the best bet if she has specific celebrities in mind is to contact their representation (agent or manager or publicist) and inquire about getting photo rights.
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  • Profile picture of the author Kurt
    You used to be able to use the All Posters affiliate program to get access to some celebrity images, but they moved their affiliate program and it's hard to get accepted now.

    Other options are seeing if Amazon has anything with a celebrity image and adding those products to your page as an affiliate. You can also check out Youtube embed videos of the celebrity.

    Getty images also has a lot of images you can use for free, but pay attention to their TOS. Remember that celebrities have a "right to publicity" and you need to be careful about using their images. It is my understanding that you can use their images for "editorial" content, meaning you are talking about them specifically, but you can NOT use them in a way that makes it seem as if they are recommending a product in any way.
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  • Profile picture of the author Rebecca Spiller
    To add to what people have already said, Wikimedia Commons also have celebrity images you can use for free (or at least with the right attribution).

    My company writes for dozens of large viral sites and we use Getty 80% of the time. There are plenty of free images to use but you may have to embed them as opposed to save them and upload them to your own site. All in all it can be done, just needs to be done right!
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  • Profile picture of the author Xanferio
    I am not an expert but you can embed the image from the website and give credits to them in your post if you're taking from any photography kind of page.. Or else you can head to free image websites..
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