Copyright issues regarding my Britney Spears web-site

Hello everyone,
I had my site for review on a forum and I got a lot of good feedback, but a member said with the content of my site, I could be sued. I'm just trying to gather some thoughts from people who happen to know about law or copyright of materials.

One of the sites that I own and the one that I am concerned about is my Britney Spears site. Someone said something about her name could be copyright, her photos, etc.

I find this hard to believe because their are millions upon millions of different britney sites and/or pages. The images users upload or I upload on my site are found all around the interent from personal Britney sites.

Since this is a site where images can be uploaded by guests, I have this in the footer:

Images uploaded to this site are uploaded of their respected owners
If you own an image and would like it removed, please contact us

On the main page I have this: All images uploaded to this site are uploaded by their respected owners or members of BritneySpearsWorldWide.com. If you own an image and would like it removed, please use our contact form and we will have it removed immediently. BritneySpearsWorldWide.com is not afflited with Britney Spears Corp in anyway and is not an official site.

On all of her lyrics pages, I have the lyrics are copyright of their respected owners

I don't personally see a problem with copyright issues regarding my site, but if anyone sees anything that can be a potential problem, please let me know so I can fix or change it in some way so that I won't get in any trouble

THE SITE: http://www.britneyspearsworldwide.com

 

Positive fan sites are generally accecpted it seems. However, their right to trademark and copyright can be exercised at any time no doubt.

I would think if you got under their skin they would use a C&D first on specific material. Then of course there is the full on we own it approach.

I'm no attorney, but fan sites seems to do well and are accepted when positive it seems.

 

You're using here name without her permission. Whether she does anything about it is anyone's guess. Just because a thousand other people has done it, doesn't give someone else the legal right. I think the lyrics are the most likely to get you in trouble. You can't use someone's copyrighted material without their permission. A fan site that is running advertising makes it a commerical operation, regardless of how much money it makes. You are using her image to make a profit.

Certain companies/people don't take aggressive legal action, others do. I think most would send a cease and desist, but they can just file suit. I have no idea of what she may do. People Magazine is known to be pretty aggressive about using their photos, especially their cover. It appears that you are posting many of those pictures- at least the same name.

 

There are people in the music industry who's job it is to track down copyright infringements and obtain payment or put forth Cease and Desist paperwork. It's one of the most protected industries. Having said that, it depends on what you are doing. Many musicians are OK with fan sites, but it really depends on how popular you are and whether your message is a positive one. Even a positive fan site would normally be brought down if the copyright infringements are blatent and the site is popular because they want to put a message out there that you have to be a player to make serious money off of the artist.

I think you need to be very specific with your terms to your members, and be very responsive as far as taking down material by request. You are dealing in an area where copyright infringement can take you out quickly. Don't put all your eggs in one basket, because it is likely that a site of this nature will be taken out eventually. Keep in mind that being responsive and taking things down right away isn't always enough. They can come after you for monetary penalties in excess of your income.

With an artist like Brittany you aren't just dealing with her. You are dealing with every business up and down the line that has a financial interest in her - from the record company to the paparazzi - and any one of them can cause you a problem down the road.

 

Speak to them directly, explain the situation. Offer to work 'with' them and to use 'official photos etc' - Maybe even blag them for a quote or something.

They are more concerned about you putting up a picture of britney drinking coke when she promotes pepsi (or vice versa) than of actually using her image. If it were my pics I would make sure you used them in the 'way I wanted' or not at all. Links to the official site + official lyrics etc may help.

 

I'm sure they would be fine about it so long as you are considered positive and not, for example, like this Britney Spears site about Britney's boobs, or even this Britney Spears website which claims you can strip Britney Spears naked

If you make a good Britney site that's all bubblegum and gooey, I don't think you'll have anything to worry about so long as you have a link to the official Britney Spears site as well.

 

I heard it was actually illegal to use song lyrics and such on websites now. You're using copyrighted material, that's evident but they don't have a problem with it because it's only helping to promote the artist, if you start an anti-britney site then they would probably take some action.

 

rick sample,

I would be careful about using any celebrity photos on your website. It was on the news about a month or 2 ago, that Jessica Simpson sued some site which had her photo on it. Be careful!

thanks,

tesla

 

I believe a major factor is whether the site is profiting from the content.

 

I owned simcity3000.com at one time and had a fan site up and then I got a letter from Maxis/EA legal department ;/

 

I would not worry about it. I have had similar sites like what you have up and have parled the c&d letter to get me some massive traffic

hit me up PM if you want some more info.

 

Strictly 99,9% of all fan websites are illegal, you don't have the copyright for the pictures, videos in many cases, you don't have the copyright for articles, lyrics, interviews etc., you don't even own the right to use a celebrities name in a domain name.
That's the theory though and since most fan websites advertise the products of a celebrity the big companies have nothing against these websites as long as they offer original content such as news and do not just offer copied lyrics or only pictures.

If you want to know more about possible legal issues and how you best protect yourself send me an e-mail to , there's some things I don't want to post in public. I am experienced with fan websites and the legal background for more than 7 1/2 years.

 

I just want to say I think its bullshit you guys treading on these celebritys good names to make money... i think you should be stoped email me at

 

I agree with the previous...if you are not out to make money, the worst that will possibly happen is they ask you to take the site down. No $ no harm.

 

Hello,

I have a similar site and was hoping a few of you knowlegable members could take a look and let me know areas of concern? We are looking into getting A.P. Content but I think it's going to be to expensive at first. Any other suggestions on where we could get photos to use to avoid any lawsuits for a reasonable price would also be helpful.

SITE: http://www.hollywoodpulse.com/celebrity-forum/

Thank you.

 

HA HA HA!

I think others have missed it, but that was funny!



Tom

 

Using someone's name is NOT illegal. It's HOW you use it. Otherwise people magazine couldn't print Britneys name at all.

The photos are copyright of the original photographer or possibly whoever hired them. Most fan sites uses photos that are copyrighted and some are even registered. You run the risk of getting hit with a C&D at any time. You can of course be held liable for damages.

If you want to run a fan site then do it but know the risks. With britney you may have a very hard time figuring out who is actual copyright holder of any single image.

I have some famous picture of Ron Jeremy that I find on occassion on other peoples site. I send them notice and normally work out a sum for usage.

 

everytime I have ever got a c&d from a copyright holder I ask them to provide the copyright. Never had anyone do that yet....

 

I have my Ron Jeremy copyright information in a folder ready to be sent with the original C&D. You are right though and many of these people are lazy and unorganized and some hire outside agencies to handle their copyright infringements.

 

I think its best to consult a lawyer about the legalities involved in your fan web site in order for you to have a peace of mind.