I have a fansite, a few actually, and I know there is a few threads about this but I needed seperate help. Anyways, I heard tonight a fansite got SUED by a agency which it's photos were being used. I checked into it more and read about the Title 17, 107 about how if you credit and etc it is not copyright infringement and they can not sue you. I understand they can have the photos removed, but if I put copyright to the photographers name and the agency, I should be fine from being sued right? Please explain more. Im worried Thanks
I don't know where you read that, but you CANNOT use photos on your website that you do not have express written permission to use for that purpose. It doesn't matter if you give credit or not, in fact giving credit only makes it easier for them to find the infringement. There is another thread from a couple of days ago where a person has received a demand letter of $500 per photo for unauthorized usage- and immediate removal of the photos. They could also sue you for any money the site has generated, in addition to a usage fee. Many people think because they have a fan site that the celebrity isn't going to care, but in almost all cases, the photographer or agency owns the photo and is the one who will sue you. I would take down all the photos immediately. Perhaps you can contact the agent for whomever the fan site is for and they can supply you with photos you can use.
If you're using a photo as an example for explaining something within an article or whatnot I believe that's one of the OK methods, but posting photo galleries of other people's photos is a definite no no, celebrity or not.