The name of my domain(website) is the name of this model and my site has tons of her pictures. Also, I have google adsense on my site. What kind of trouble will I get into? Will I get sued? I have always thought that I won't get in trouble as long as I don't talk bad about this model or make her look bad. But the question is, will she or the photographers really take the time to sue a simple site like this? One last question, if I write articles about this model, lets say I write an article about how this model exercises and eats, but all the info is made up by myself, will I get sued?
If you across the ocean, it will be difficult. However, cyber-squatting is illegal. If you made the site hoping she'll buy it, you are out of luck. If you use her name, she may send you an email. If you are a fan site and pass yourself off as a fan site and prove over and over it is fan site, you have no problem. If you have hername.com, she may qualify to get it back from you if you have no genuine need for it. Nobody can tell you what is legal or illegal. Only a judge or jury can tell you who will win. That is, except in the case of cyber-squatting. You will get your domain pulled, no fuss, no muss, no judge, no jury. Stephen C
So I am assuming that she won't spend all the time to sue me and meet me in court? It's safe to use her pictures then?
No it is not safe. Yeah she may not sue you. But the problem is, if your site gets a lot of visitors or if she simply wants to open her own website your domain will be the first target.
Yeah, I'm not giving you legal advice, just some common sense and logic. Most celebs ignore websites, because it can cost them fans and money. The biggest is fans. They don't want to lose fans. They need fans. If they shut down the fan sites using their names, it would not be looked upon as nice. That's why apple inc. leaves the fan sites alone and many celebs are relegated to using domains like therealstarsname.com instead of starsname.com. They can't really fight a fan site, and the cost of purchasing the domain would hit their pocket books. They just don't need nor want the hassle. Some celebs do care, however. Stephen C
so is it safe that the site owner tell her that he's a fan whenever the celeb contacted the webmaster?
I don't see any other way to defend that kind of a domain, he has to say that. If he is lucky, celebrity or her/his manager, lawyers can decide to let him keep the site. But if he is planning to sell the domain, forget about it, they just simply can file a lawsuit and it's %100 they'll get whatever they want. It's all about luck imo.
Where did you get the photos from? I'd be more worried about that. A domain name is the least of your problems if it is in fact a fan site. It's a gray area if they care about the domain name. Only they know that, but pictures may be owned by someone.
It's been discussed before. This is probably simplifying it, but: 1. If the model can demonstrate trademark rights to her name; 2. If you register the domain name-sake to make money off her trademark, if any; Then yes, she can file either a lawsuit or what's called a UDRP to at least get the domain name from you. Look it up in Google what UDRP it is, but UDRP is the least costly option over a lawsuit. If the model has been using her name to make money somehow via modelling stints or product endorsements, then she essentially established a trademark. It then depends if she wants to make an issue out of what you are looking to do. And I agree with talvehtia, it's about luck. Depending how much you want to press it.
If there is an embed code, you can. Some videos on youtube do not have the code and are restricted. Plus, google at anytime may remove the video. You can use photos in the US, if you give credit and use them for news, commenting, or teaching. A blog "may" qualify. Courts and ICANN are 2 different processes, but they are still processes. Nobody can take your domain without due process, either through Uniform Domain-Name Dispute Resolution Policy (UDRP), or via the legal process with courts and lawyers. Here is a quote: Stephen C