How To Use Celebrity Photo On Your Blog For Free??

Business 8 views 6 answers
HI I want to start a Celebrity fashion website and i need daily basis photo of celebrity attending event. How to get it for free or affordable price Sorry i misunderstood this forum, Ok can you guys please tell me is it ok If i use photo from Flickr with Share a like attribute., and whats about the official photo like if there is event like People Choice Awards 2014 and i know it sponser by CBS and i request theme for photo. One More Question - Using Official twitter and instagram image is ok??

Attorney Answers

6
Maurice Ross ·
Interesting question but you may not like the answer. You best bet would be to attend, or hire a photographer to attend, events where celebrities appear and photographs can be taken. When celebrities appear in newsworthy events (Red Carpet at the Golden Globes) or public places, publication of photographs of them is considered newsworthy and usually will not violate their rights of publicity---your web-site needs to be constructed as a news organization devoted to fashion, in which event you will have an easier time avoiding payment of fees for each photograph on grounds that it is newsworthy. Nonetheless, if you do not take your own photographs or hire a photographer to do so (pursuant to a written work for hire agreement), and if the photographs are not taken in circumstances where celebrity consent can be implied, you can't really get these photographs for free. There may be legitimate stock photography web-sites that offer some photographs of celebrities for low license fees, but these are generally the B-list celebrities. In general, you will need to obtain (and pay for)(a) a license from the owner of the copyright in each photograph, usually the photographer, and (b) a release or license from the celebrity who appears in the photograph, because otherwise you risk suit for violating rights of publicity. You cannot simply pluck photographs that you like off other web-sites or from Google images---you need licenses to use each photograph. More generally, you are going into the publishing business. This means that you have the same legal obligations, and face the same legal risks as any other publisher. There is not much difference legally between an internet blog and The New York Times. This issue concerning use of celebrity photographs is the tip of the iceberg of the IP law issues you will face on a daily basis. For example, are you free to publish these celebrity photographs if they show the trademark or logo on the designer clothes that the celebrities wear or the accessories that they carry? Are you free to identify the name of the designer of the outfits and accessories they wear? Or will that subject you to claims for trademark infringement? And these questions are the tip of the proverbial iceberg. You should not assume that the answer to these questions is easy or simple. Established publishers in the fashion business (Vogue, Interview, etc) have teams of in-house and outside lawyers that review every article and photograph before publication to assure that the publication has the clearances that it needs and to minimize risk of suit. Small publishers of blogs have no less responsibility to handle these legal issues correctly. You need to retain and build a relationship with IP counsel, and each celebrity photograph and article should be cleared by counsel before publication. Moreover, your web-site/blog needs to develop terms of use, DMCA takedown policies, intellectual property policies, privacy policies, and many others, and these need to be published on your web-site (or blog). And you should consider getting intellectual property insurance and "advertising" insurance (which deals with defamation and disparagement problems) to protect you when the inevitable law suit comes. Operating a blog like this is a serious business, and you should not do so until you have adequate financing to retain and work with legal counsel.
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Daniel Ballard 336465.Html ·
You want to know how to go about acquiring photographs for free or at an "affordable price?" That is not a legal question. You need to do your own research into how to buy the things necessary to engage in your chosen business. If you're asking whether it's lawful to simply reproduce photographs you find on the internet and then publish them on a "celebrity fashion website" that you intend to publish then, no, that is not lawful.
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Frank Natoli ·
Like my colleague, I'm not entirely sure what the question is. Are you saying that you want to know how to avoid being sued by celebs when you use their images or likeness to promote your business? If you are looking for stock photos you can use try Getty images where you can license what you need and the cost is pegged to your specific use. That said, I suggest that you consult with a lawyer in private and discuss your objectives in more detail just so you are clear on the legalities. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC
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Bryan Johnson ·
Your questions seems to imply that you plan to use images captured by another, which are accessible via their website or other mediums, and take these same images and use on a website created by you to showcase celebrity fashion. Because the copyright of these images are held by the photographer of the images, your unauthorized copying and displaying of these images infringes on the copyright holder's exclusive right to reproduce and display their copyrighted work. Concerning prices, the issue then migrates away from the purview of legal analysis, and as Attorney Ballard suggests, your answer will be found from market research on your part.
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David Slater ·
Short answer: If you cannot rely on Fair Use or the First Amendment, you need the written permission of the photographer and the celebrity. A discussion of Fair Use and the First Amendment is beyond the scope of this answer.
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Michael Warshaw ·
The short answer is you can't. There are certain exceptions, but you need to speak to an intellectual property lawyer to determine if you fall within any of those exceptions. You may have another problem - whose photographs are you going use? There may be copyright violations as a result of that as well. Use find a lawyer feature to locate one near you to help you find a way through this problem.
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