Forum Moderators: not2easy
Is there any infringement by doing this? Obviously celebrities are all over the internet, all over magazines, newspapers, etc. Is it ok for anyone to build a website about people that are in the public eye without having to get permission from everyone that you write about?
If this were true, I'm sure that all these magazines do not have the celebrities permission to post pictures and articles about them.
Does putting a disclaimer on each page with something like not being affiliated in any way with these celebrities, etc be the way to do it?
Thanks in advance for any advice and if this is somehow in the wrong forum, let me know.
Second, if the picture is not yours, that a whole other copyright issue. If it is yours, you might be ok if the picture was taken in a public place. As always, it depends on what else you do with the picture.
A little disclaimer is nice, but it's not an excuse from legal action. Understand that anyone can sue you at any time even if you are in the right.
Finally, public figures have diminished privacy rights.
As always, seek out a lawyer.
Bear in mind though that if you write, imply or otherwise even think anything that could possibly be construed as slander/libel/[add big long list of offences here], then you could find yourself in big trouble.
Yes, a disclaimer acknowledging the fact that yours is not an official site can be helpful. As long as there is no misrepresentation - intended or otherwise - as to the nature and purpose of your site then, in general terms you should be okay.
The seek legal advice advice is always good!
Syzygy
[edited by: Syzygy at 11:58 am (utc) on July 17, 2006]
The seek legal advice advice is always good!Syzygy
Especially since, in this case, the law isn't the same everywhere, even within the U.S. Not surprisingly, California has state legislation about celebrities' rights that puts limits on how you can use even photos you might take yourself of the celebrities; there may be other states/localities that have done something similar, although California's the only one I know of.
I don't know that I would use the "if other people are doing it, then it's ok" thought process. There are many people in my city that deal drugs and have not been arrested. Is it ok then?
The Internet is huge and a lot of people are violating laws (and most don't know it). Rather than going along with the crowd, you should make sure what you do is legal. After all, you could be picked to be an example. If you wanted to start setting easy examples, would you go after the biggest challenge or line up all the easy ducks in a row?
Of course I'm not saying that a lawsuit couldn't still happen. It's always possible, I suppose. But the risk is less, depending on the nature of the site the subject of the site.
BTW, if you use accompanying pictures thatyou didn't take without permission is when it will hit the fan. Many of these people have PR photos available for publishers to freely use, beyond that you better make sure you have permission for everything.
However, a good editor and swift response to any alleged libel will keep you safe...moreorless. It is good content for traffic but with it comes risk. Also it can be a tricky decision whether to believe a PR agent when they deny a story...seen many deny again and again...request removal and then it turns out to be true....usually we err on side of caution.
For photos use an agency like EPA (takes in tons of other agencies (like Getty etc) and part of German press agency DPA), UPI (United Press) or Photorazzi (cheaper not so high quality but good value for stock shots). They can provide you with tons of celeb shots you can use with full permissions.
James
