Hello, I’m starting a fan website and I’m planning on designing about 100 wallpapers for this site. My question is since I’m designing this wallpaper, do I have a copyright on it? I’m confused because, obviously I did not actually take the original photo nor do I own a copyright of the original photo but the designs for this wallpaper will be my own. I mean, I will be designing the background colors and or background patterns for many of these new wallpapers, so shouldn’t I have some sort of copyright to them? Best wishes, Kimmy
You can't use any photograph or illustration without obtaining permission from the photographer or artist - so you can't legally use them - and of course, can't copyright them. 99% of celebrity sites do not have permission to use the celebrity photos they use. Most (incorrectly) think that because it is a fan site that the celebrity won't care. That may be true, but the celebrity doesn't usually own the rights to a photograph and can't control the photographer from suing you - and many do. When a photographer sues you, they can pretty much demand any usage fee they want to set. Usage fees of thousands of dollars are not uncommon - even if you only used a small image. It is not a legal defense to claim you didn't know or that the designer you hired used the image. If you own a site, you are responsible for having a written release or usage agreement for any image (some images are copyright exempt, like most US Government works). There are so many violations that some will get away with infringement - but its a risk I wouldn't want to take. I have a friend who used a few thumbnails from Getty Images and they just got a bill for $1,000 per usage.