Basically I have a website and think it'd be more credible if it looks like it's owned and founded by an average joe but I don't want to use either my name or image. Is there anything illegal about buying some stock photo of someone and slapping on a fake name to put on the main page when people get to the site?
I wouldn't say it was illegal, but why would you want to pretend? Some people would perceive it as dishonest (or not quite honest). Look at all the hosting and corporate sites out there. Do you really believe that particular company has all these good-looking, happy people working for them, or that these people work for all these different companies (some people you see everywhere!), or that the "template monster" really does run their web site...maybe he does.
Hi rbf738 What you describe it not illegal unless the aim of the site is to defraud people. However ... to be legal and comply with the laws of most contries (regardless of where you are) you must display somewhere your contact details, Sales tax number (if you have one), company details etc. OK this is very much "strict" law - i.e. who is going to do something about it?, but it is the law. Likewise in 90% of countries worldwide your site must comply with WAI guidelines, again; who is going to do something about it?
Read the ToS of many stock image sites; in many they state that though you have royalty rights to the images you purchase licensing for, you may not depict the models included in such a matter to harm or slander them. It's like having a picture of an attractive model on an advertisement stating "How I went from four hundred pounds to this size!" or something that will depict the model in a harmful manner. I'm sure if it's a picture of some guy on flickr or photobucket in which you asked to use their photo, you can use it with their permission. Otherwise, I'd suggest against it.
I think in many TOS for these sites they state you cannot claim their work as your own. Claiming the photo as yourself could be construed as violating these terms and could open you up to a potiential lawsuit.
Betty Crocker is not real, nor is Uncle Ben, so you certainly could use an invented persona for your business. However. xDemevenx makes an important point: you aren't allowed to use someone's image to endorse your product without their permission. You could get permission to use someone's photo or you could use a drawing or painted of an invented person, like they do with Betty. For reference here is the relevant part of the iStock photo license agreement: http://www.istockphoto.com/license.php
Regardless of if it is against a websites terms of service, if the person whose picture you were using filed a complaint either with your hosting company, data center, or legally, I could definitely see everyone taking their side instead of yours.
I'm sure using a different name is alright, since a lot of people use pen names online, heck I do it sometimes when I write articles in other niches. It's perfectly plausible if you don't want your name out there. But for the photo...ehh. Not sure about that, definitely don't use it in any kind of Flog (fake blog) activities like someone mentioned earlier to say "I lost 200 lbs in 4 weeks", or "Hi I'm (name) I made $191392 in a month", etc...you get the point. The only time I think it'd be safe to use someone elses picture is if you're like making a Third Person Review Blog, and you're ONLY writing a review about the product from an outside perspective without any fake input about how you yourself benefited from the product, or else if your brought in the pen name AND the stock photo into the review and made it personal, well I don't think the FTC is going to like what's going on.
it could fall under the lines of defemation of character if you use a image and name that is not you. Make sure you are not using a name that is from someone famous or anything or just a basic name (standard). using pictures of someone else and fake names that is almost like you are hiding something and or committing fraud. but its up to you its your site ha.
In many states, you can use any name you want as long as you are not using it to hide criminal activity. You can call yourself "John Smith" when you meet someone in a bar, although when the bartender checks your ID it probably has your real name on it (and you'll have some legal processes to go through if you want to legally get a driver's license in a different name). If you're using a false name to conduct business, in most states you have to register to do business as that false name (often "doing business as" is abbreviated DBA). That way the authorities know who is responsible for actions done under that name, and often it is in the public record so anyone can look up the records. A way to hide you as a person from the public is to hire a lawyer and have the lawyer file the DBA paperwork with the lawyer as the contact person. The public record doesn't show your name, but anyone who needs to contact the business does have a way to do so... and you pay the lawyer for the service. If you go to your state's web site, find their agency which handles business and corporate filings. You'll probably find a page for searching DBA or "business name" records. Type in the name of a small business nearby, such as a small antique store. Very often you'll find the owner has full responsibility for the business and is using DBA simply so the store's name can be on the sign, on the postal mail, and so people can write checks to the store (yes, with DBA paperwork you can try to open a bank account -- but if you're asking this question you don't know about business bank account fees).
If you're a fan of "Top Gear", you can amuse yourself by remembering The Stig's various encounters which involve his stage name and persona. For those not familiar with the character - his real identity is not public and he can't talk on camera. Obviously the show has ways to legally let him function, although we don't know the details. For example, when he's stopped on the road by the police, we assume that the police ask him as a driver for identification. The camera has always left before we learn whether he presents his normal driver's license or if he has a license issued to his stage name... or if a judge has issued him a "let this man go and talk to the judge" card. The simplest explanation is that he presents his own driver's license and is using The Stig under England's laws which allow the use of stage names.
Don't do it. Don't claim to be looking like that other fella, it just aint right. Have you seen this guy? He isnt afraid of not looking like an average joe. http://www.youtube.com/watch?v=9eIEcXxS2P0