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Photos of Celebs?

Can I create a web site and use them?

     

swoop

11:50 pm on Jun 25, 2005 (gmt 0)

10+ Year Member



I took some photos of a national celebrity during one of his public performances. Are there copyright or other considerations if I create a fan site and post them?

I took some other photos of a different celebrity while he was involved in filming a music video in a public place. Any problems posting those?

leliphent

10:37 pm on Jun 27, 2005 (gmt 0)

10+ Year Member



this is a touchy situation. It depends on the contract agreement between the celeb and the event coordinators. Usually in their contracts there is an exclusive photo clause and or a no-photo clause... so you might want to be careful of that... I think for the president that doesnt apply...

what celeberties if you dont mind me asking?

bhartzer

10:42 pm on Jun 27, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If you took the photos yourself then generally there isn't an issue. In fact, that's how the papparazzi make their money taking photos of celebrities.

The real problems arise when you try to use photos that you don't own.

If you personally took the photos then you should be fine--I would go ahead and use them and add your URL or a copyright notice somewhere in the digital image. If they are good photos someone will end up copying them and using them on their own site.

cellularnews

8:34 am on Jun 28, 2005 (gmt 0)

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It would depend on the law where you are based.

For example, in the UK - there is no right to privacy when in a PUBLIC place and if you took photos, then you have the rights to use them as you wish.

However, in France, there are laws protecting the privacy of people in public and you may be forbidden from using the photos.

swoop

11:05 am on Jun 28, 2005 (gmt 0)

10+ Year Member



Thank you to those who have posted replies. This question involves snapshots that I myself took.

The first celeb is American and was photographed during a performance on stage in a theater, in the United States. I do not know the house rules about photos, but nobody stopped me.

The second celeb is American but was photographed in a public place in the Czech Republic.

Both are big names to their audiences in the US.

cellularnews

9:00 am on Jun 29, 2005 (gmt 0)

10+ Year Member



The first celeb is American and was photographed during a performance on stage in a theater, in the United States. I do not know the house rules about photos, but nobody stopped me.

Most certainly not permitted - the performance itself is copyrighted.

Just because someone doesn't stop you - does not make it permitted.

If I break into your house and you fail to stop me - it would still be a crime.

aeclark

8:20 am on Jul 1, 2005 (gmt 0)

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Most performances I go to have conditions on the ticket or at the venue along the lines of "no recording or photography allowed".

engine

11:20 am on Jul 1, 2005 (gmt 0)

WebmasterWorld Administrator engine is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month



Oh yes, no question about it, if it was taken during a performance, as you mention, it will be subject to copyright of the event/play/movie. That being the case, you cannot use it without getting permission from the copyright holders.

leliphent

6:28 pm on Jul 1, 2005 (gmt 0)

10+ Year Member



i ran into a similar episode at an event, where a large headliner was brought in and there were 3 photographers (my self included) circulating the event... I ended up meeting the headliner, in which I asked for permission, and had a shot of me and them taken... after the event, I was the only photographer aloud to use the photos.

nuevojefe

3:09 am on Jul 6, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



<quote>That being the case, you cannot use it without getting permission from the copyright holders.</quote>

So why don't celebs sign a $1.00 contract saying they are producing a documentary from now till the day they die and the focus is any given moment of their life? Like an on-going reality movie. Obviously this was said on a whim but isn't something like this vaguely possible given the fact that event or performance coordinators can reserve this rights?

cellularnews

9:16 am on Jul 6, 2005 (gmt 0)

10+ Year Member



So why don't celebs sign a $1.00 contract saying they are producing a documentary from now till the day they die and the focus is any given moment of their life? Like an on-going reality movie. Obviously this was said on a whim but isn't something like this vaguely possible given the fact that event or performance coordinators can reserve this rights?

This is where the local laws are important to understand.

In the UK, if the performance is in a public place and not explicitly declared as a performance, then the above concept would not be valid.

I would also have serious doubts about the likelyhood of UK courts to uphold such a "contract" - as evidenced by recent court cases regarding celeb privacy rights.

It is (in my opinon) a pity that in the UK, we do not have a right to protect our image and personal privacy once we leave the front door of our house.

Did you know that a film crew can film you walking down a street and then use that footage in a major TV advertising campaign without your permission?

In the UK - it is possible, and the best censure you can hope for is a slap on the wrists from the ASA - and even that is a rarity.

engine

3:32 pm on Jul 6, 2005 (gmt 0)

WebmasterWorld Administrator engine is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month



So why don't celebs sign a $1.00 contract saying they are producing a documentary from now till the day they die and the focus is any given moment of their life?

That's like saying, once signed, you can use it wherever you like.

One major point of copyright is control of the intellectual property.

Asking for permission to use, and demonstrating the application, will often be greeted by acceptance, sometimes for a fee.
With celebrities, it's a far more complex because they want to control when and where images appear, mainly to attract appearance money.

With newspapers/the press, it's slightly different because they are mainstream publications that most people know. Their publication often helps the celebrity with their publicity, although that may be arguable. ;)

jazzylee77

8:15 pm on Jul 12, 2005 (gmt 0)

10+ Year Member



I'm starting a site that will often be about political newsmakers. Any hints on getting free legal images of people in the news?

Syzygy

8:31 pm on Jul 12, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



jazzylee77, in this instance I would contact their office (or party HQ/central press office) and ask for a photo. Once you've explained what you want it for, and your purpose is not nefarious, then they will supply you with one free of charge - invariably it's as simple as that.

<added>Oh, the same applies to business leaders/captains of industry...</added>

Syzygy

jazzylee77

11:57 pm on Jul 12, 2005 (gmt 0)

10+ Year Member



thanks Syzygy

Though I won't rise to the level of nefarious....ness, I may be poking a little fun at them. Still I suppose you are right, goin to their source should be the first step.

Just wishful thinking on my part that there would be some public domain clearing house for newsmaker photos. Or maybe orgs such as associated press have a photo service or some news org allows usage if links or credit is given? If it exists I guess I'll eventually trip over it.

wolverin

10:16 am on Jul 24, 2005 (gmt 0)

10+ Year Member



Most certainly not permitted - the performance itself is copyrighted.

I'm in Europe. It's allowed because it's your filming or photograph. Especially if there is no organisation handling digital rights in your country - because there might be a digital right involved here, so check to be sure.

wolverin

10:18 am on Jul 24, 2005 (gmt 0)

10+ Year Member



jazzylee77, in this instance I would contact their office (or party HQ/central press office) and ask for a photo. Once you've explained what you want it for, and your purpose is not nefarious, then they will supply you with one free of charge - invariably it's as simple as that.

If you can take your own photos it's usually better (better quality plus you own the copyright).
I'd say in most cases they would not mind someone taking photos of a public performance/event. I always see people taking photos/videos of public events, and NOBODY stops them.

Beagle

1:22 pm on Jul 24, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



wolverin, as you pointed out in your previous post, it depends on what country you're in (and, in the U.S., on what state you're in--California has stricter "celebrity rights" laws than some other places). From earlier comments, it seems that many European countries give more rights to the photographer than the U.S. does when it comes to artistic performances, so you really need to check the law where you are. Not having anyone stop you doesn't necessarily mean that you won't have a legal problem if you publish the photos on a website afterward; taking photos and publishing them where the general public has access to them are two different things. If it's a situation where you have a chance for any pre-event contact, one solution is asking for permission.

If it's a politician, OTOH, they're [supposedly] not performing, so it's a different story--unless you're at an event or meeting that's closed to the public. At a public political event, you're more likely to have your camera taken away for security reasons than for copyright protection. In that case, your "pre-event" contact may be better made with the security contingent.

As far as "poking a little fun" at politicians, as Al Franken said after a court threw out Fox New's suit against him (note that they did sue him--they just lost): "In the U.S., parody is protected free speech, even if the subject of the parody doesn't get it."
[Not trying to give legal advice, but I just love that quote. ;-) ]

 

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