Hello, I am currently considering opening a fan-based picture site for a specific celebrity, but I am worried about the legality of this. Is it legal to host pictures of celebrity's on my server and display them to the public, with my watermark on them? If it is illegal with a watermark, is it legal without one? Any information regarding this is welcome; Many thanks.
Its not illegal persay.. but you can get in trouble for using images without permission of the photographer. Such is the case with PerezHilton.com (Just sued for a few million) for using pictures of various celebrities as well as Britney Spears/Federline/whatever it is this week's "Netherlands" without the concent of the holder of the photos.
Perez Hilton steals there pics and them makes money from them and wont pay. Unless your site is so huge and your using others watermarked pics go for it. Worst that happens is the copyright holder aks you to remove the pic thats is theirs.
You need to make sure that you have the permission of the copyright holder to republish pics, especially if you want to add your own watermark to them. You also need to ensure that the picture is taken legally. In a lot of jurisdictions that means the photo needs to have been taken either in a public place, or with the express permission of the subject. When you get pictures of celebs undressed, often these are only borderline legal, or in a grey area. Usually if they're caught off-guard relaxing at home, or in a hotel, the pictures shouldn't be published.
Unless you have permission from the copyright holder to use any and all images on your website, you can and will be sued up to $150,000 per image that you have on your website. Just be aware they DO NOT need to send you a cease and removal order, they can just go ahead and send the papers to start the suit. Watermarking images that you do not own or have permission to use will only get you their faster, and might up the fine, I don't know for sure - I would have to contact my lawyer about that. Now, depending on HOW you want to use the pictures, you can get people to 'redraw' them in photoshop, etc - once they are modified heavily enough, it's not infringement anymore as it's a new product. Resizing, cropping, colour to b&w, does not fit into the above, as all your doing is modifying the original image slightly. I suggest using a legitimate service such as : www.photorazzi.com very affordable packages.
I'm not absolutely sure about this, but I think that might still fall under copyright violation. The copyright holder has the right to control any derivative works created from their original work... seems that that might fall under derivative work. However I guess it comes down to how exactly you use it. If you use a eye from one photo and a ear from another, I don't think they will view that as a copyright violation.
I don't believe it falls under copyright violation. The copyright holder of the picture, only has the rights over the PICTURE as is (even if it's cropped, resized etc, it's still theres)... BUT once it's turned into another format ie: watercolored, drawn etc.... it's a new product. I may be wrong, but I have yet to hear/see anything different regarding this. I use this on my celebrity sites, as I don't want to use the original pictures, so I get people to redraw them in photo shop, and iv never had any problems over it. Don't get me wrong - you can't take MICKEY MOUSE and draw it and call it your own, but a picture redrawn shouldn't in my opinion infringement - or at least enough to draw attention to it!
I think that's the important part. I'm doubtful if using a Photoshop filter converting a photo into a drawing or watercolor will be seen as enough of an artistic difference. If someone draws it by hand, then that's a whole other ballgame. Let's just hope you never have to find out if it will hold in a court of law. Copyright can be quite complex, don't you agree.
In general, as I couldn't find out too much with a quick visit, what are their terms and prices? How do they own their rights? Thanks! This is always an interesting subject!
Hehe, All mine are "redrawn" in photoshop.. I am VERY doubtful anything will happen... Geez, only 1% of the MILLIONS of fansites ever get dinged for using 1,000's and 1000's of REAL pictures per site.... im just being careful Don't get me wrong - I don't think it's right how those sites are using those pictures.......
Prices: http://www.photorazzi.com/store/category.cgi?category=websites Terms: http://www.photorazzi.com/store/category.cgi?category=license If you want to use them in photo galleries, or in your layout, you need to contact them and get a modified agreement, that's what iv done.
blog/site same thing, unless you have permission to use the images - I wouldn't advise it. If you are just scanning google images, and using this and that picture.... I can tell you now that you should not use them. There is also a couple celebrity affiliates that allow you to hotlink to their images, as you are selling their products that's a good way to get by it.
Thanks FanAddict! Do you know about any other similar sites, but with smaller packages, as I was thinking about using just a few photos, that site is great for packages...
Nope, that's the only site I know of beside Getty. Getty you can purchase one, but it's a set time limit, also it's around $500+ for the usage. Contact me via MSN (in my profile) and I can help you out more
There are some sites that only use celeb pics everyone has anyway, this way if you add a disclaimer saying you believe all content is now public domain, please email us if you want it removed, you should be fine.