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Can pictures you take with celebrities be used on your site w/o written approval from them?

by Newrichgraphics
10 replies
My client plans to publish his photo collection online. He has hundreds of pictures with celebrities. He'd like to know if he needs permission from each of the celebrities in order to publish these pictures on his non-commercial personal website. On the pictures my client appears with each of the celebrities and obviously they agreed to have their picture taken with him. Any advice?
#approval #celebrities #pictures #site #w or o #written
  • Profile picture of the author Adam Nolan


    <--------- I hope so
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    • Profile picture of the author Adam Nolan
      I think it's ok btw... they have better things to do than go after people who just have pics taken with them... especially if its for non commercial.


      If it is commercial you do need their approval I believe... FTC regulations. Good ol' guys *rolls eyes*
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  • Profile picture of the author sbucciarel
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    Just ask the paparazzi if it's ok ... they do it all the time and they do it for commercial gain.
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  • Profile picture of the author Alexa Smith
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    • Profile picture of the author Asher
      Originally Posted by Alexa Smith View Post

      It would appear that they have waived their rights and that he owns the copyright, in that case.
      Speaking of pics, nice new pic, Alexa.

      Asher
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      Asher Aw
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      • Profile picture of the author Jonathan Ferraro
        I'm not a lawyer or anything, but I don't see why not. I've seen tons of photos online which I'm sure celebrities wish didn't exist, and..... there they are.

        Unless there are nude photos or something that can be used for blackmail I really doubt you'll have any problem.
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        • Profile picture of the author sylviad
          Let me think. I just read a book on this very subject.

          Seems to me that the only problem is if the person uses the photo to sell products - so you can't use it as a book cover or as a testimonial unless the celebrity provides the testimonial with permission to use it with the pic. You cannot use it to create a page banner or anything like that.

          But you probably can use it to display your photo skills if you're a professional photographer (or up and coming photographer), in which case the celebrity probably posed for the shot.

          If this is just a personal site, seems to me there is no issue. Celebrity pics are all over the place - on restaurant walls, on people's personal web site collections.

          In short... you cannot use the photo of a celebrity to imply endorsement of a product or service without the celebrity's written permission/release. And that would include imprinting his pic on T-shirts, buttons and other products and selling them.

          I came across a web site recently where a pro photogrpaher spelled all of this out. Sorry I can't recall the site, but maybe if you run a Google for photo releases (which I think I used to find it) you might come across the site or something as good.

          Sorry I can't give you more specific details.

          Sylvia

          PS: Oh I found it. Here's the guy's online guide to when you need a model release (ie: a form signed by the model giving you rights to use the photo). This should answer your question:
          http://www.danheller.com/model-release.html - all the details you can possibly need, I think.
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  • Profile picture of the author LB
    It depends...

    Typically the person who takes a photo owns the copyright. However, if it was done under contract for the celebrity or a magazine etc, then he may not own the rights. Even if he doesn't there may have been a clause in his contract that allows him to display them as a portfolio of his work.

    If these are simply photos taken in public places where no contract exists then most likely he can publish the photos assuming he's not implying the people in them are endorsing a product etc.

    You state that he's in the photo with the celebs? Who took the photo?

    If these are just fan photos in public places, "oh hey, can you take our pic?" then I doubt there is any issue with these. But as always...talk to a lawyer when in doubt.
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  • Profile picture of the author kindsvater
    Shouldn't be a problem.

    Of course, if that personal site is a porn site or has other content the celebrity may not want to be associated with ... then there might be a situation.
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