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Want to use screenshot of celebrity photo in a FB ad

Discussion in 'Legal Issues' started by janetsound, Apr 25, 2011.

  1. #1
    Hello,

    I'd like to use a screenshot of a celebrity photo in a facebook ad. But I don't know if I'm infringing on copyright of that photo. Probably am.

    I just thought I'd ask before I did anything stupid.

    haha

    Thanks!!!

    Janet
     
    janetsound, Apr 25, 2011 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    You can't use any photograph or copy of one, without express permission. You would also likely need the permission of the celebrity, depending on the actual use and whether the usage is commercial.
     
    mjewel, Apr 25, 2011 IP
  3. browntwn

    browntwn Prominent Member

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    #3
    Even if it was a photo you took yourself and owned all copyrights, it is a very bad idea. Placing a celebrity image in an ad is almost always something that cannot be done without the celebrities express permission.
     
    browntwn, Apr 25, 2011 IP
  4. Business Attorney

    Business Attorney Active Member

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    #4
    The restrictions on use apply not only to images of celebrities, but to images of any person. I can't tell you about the rest of the world, but in the United States there is generally something known as the right of publicity. The details of the right of publicity vary from state to state, but basically the right of publicity prohibits anyone from using anyone else's identity commercially. "Identity" typically means not only an image (photo or drawing) but also the person's name, signature, voice, and any other identifiable attribute.

    In some states, the person whose identity is used commercially without permission can recover not only actual damages, but punitive damages as well.

    Don't do it.
     
    Business Attorney, Apr 26, 2011 IP
  5. AstarothSolutions

    AstarothSolutions Peon

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    #5
    In the UK there isnt a right of publicity and generally if both photographer and subject are in public areas the images can be used. That said, there have been recent cases of deformation action being taken when a person was being associated to a brand/ product they felt damaged their image/ reputation.
     
    AstarothSolutions, Apr 26, 2011 IP
  6. janetsound

    janetsound Peon

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    #6
    Thank you so much, you guys!!! I won't be making that mistake.

    I have another question. I've made training videos in the past, where I've shown a video I find on youtube and I play the video (capture the screen and audio on camtasia) and then I stop and comment on the video throughout the video.

    Does this break any laws? So I'm making a video of a public video. And I'm using it within the training that I give. People have paid for this training. Thank you so much! Janet
     
    janetsound, May 1, 2011 IP
  7. wptheme

    wptheme Well-Known Member

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    #7
    then how about the photos taken by paparazzis and they sold the pictures to magazines etc, the pic is then published at the magazine.
    I am pretty sure they didn't asked permission every time they used the pics.
     
    wptheme, May 1, 2011 IP
  8. Business Attorney

    Business Attorney Active Member

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    #8
    A photo accompanying a news story is treated differently than a photo used in an advertisement. Celebrities are legitimate news, even though the newsworthiness of some of the tabloid articles may be questionable. The photos of Lindsay, Paris and Britney that you see taken by paparazzi may be plastered all over the tabloids, but you will not see those pictures appearing in advertisements, at least not in the United States.
     
    Business Attorney, May 1, 2011 IP
    wptheme likes this.
  9. browntwn

    browntwn Prominent Member

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    #9
    As stated above, the question was about using a celebrity photo in a facebook ad, not just a photo on its own. That is a major distinction.
     
    browntwn, May 1, 2011 IP
  10. janetsound

    janetsound Peon

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    #10
    Does anyone have the answer to this question? I've made training videos in the past, where I've shown a video I find on youtube and I play the video (capture the screen and audio on camtasia) and then I stop and comment on the video throughout the video.

    Does this break any laws? So I'm making a video of a public video. And I'm using it within the training that I give. People have paid for this training. Thank you so much! Janet
     
    janetsound, May 1, 2011 IP
  11. attorney jaffe

    attorney jaffe Member

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    #11
    There is an exception in copyright law called "fair use". Under the fair use exceptions is one for using copyright material in a teaching or critiqueing setting. It is possible your use falls under the fair use exceiption, but for a lawyer to give you an answer to your unique situation requires more information.

    My recommendation is to speak to a lawyer where you can go into the detail needed to conclude you come under the fair use exception.
     
    attorney jaffe, May 2, 2011 IP
  12. penfolderoldo

    penfolderoldo Peon

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    #12
    Can't speak for the US, but here in the UK if you broadcast or otherwise display an image (whether moving or still) that you did not 'create' without the express permission of the person who did, you are in breach of copyright. There is no accepted right of privacy in the UK, any person can be photographed / videoed providing the person doing the photographing / videoing is on public property. It doesn't matter whether the subject is on private or public property, the law is the same. There are exceptions to this, which are too long and laborious to go through, but in answer to the OP's question, yes, in the UK you would be in breach of copyright.
     
    penfolderoldo, May 5, 2011 IP