Photography Copyright

[laverne]

Hello,

I'm a photographer and I just started a photography business (LLC) on the web. My question is, if I take a photograph of a celebrity during a concert (some free). Can I take the pictures and sell them on ebay, internet or my website? Or do I have to get consent from the celebrity first?

Thank you
LaVerne

 

[Michael Wechsler]

Hello,

I'm a photographer and I just started a photography business (LLC) on the web. My question is, if I take a photograph of a celebrity during a concert (some free). Can I take the pictures and sell them on ebay, internet or my website? Or do I have to get consent from the celebrity first?

There are differences between photographing in private places which you may be subject to an agreement in order to enter. States vary with regard to whether a celebrity has a "right of publicity" which they might be able to control the flow of their image. You can imagine that California is one of these "star-friendly" states. Typically selling a picture you took of a celebrity in the street is not a problem. It becomes more problematic when you are dealing with private areas, the potential for an appearance of an endorsement (e.g. there was a Samsung case dealing with Vanna White).

Here is an excerpt from a great page on the WIPO web site -World Intellectual Property Organization - copyright, photographs and celebrities. They are a fantastic resource for information and hopefully this article will help:

3. Making Photos of People

3.1 What should you bear in mind when photographing people?
There is no general legal requirement to obtain someone's authorization to take his or her photograph. However, there are situations where photography can infringe on important social interests such as national security, protection of children, right of privacy, etc. Most of these situations are strictly controlled by national laws and regulations. Irrespective of the legalities, there are also some things a photographer should not photograph for ethical reasons. Certain photographs of people may amount to exploiting the persons concerned or misrepresenting the truth. If you, as a photographer, know the law and one's legal rights, you will also be in a better position to find solutions that minimize your legal risks.

Often, you may be free to take a photograph of a person, but the way the image is used may give the person shown in the photograph a right to take legal action.

3.2 Are people protected by intellectual property rights?
People are not protected by intellectual property rights. But be cautious when you photograph someone who is wearing something protected by copyright, industrial design or trademark rights. For example:

A model wearing a piece of haute couture or some jewelry;
An actor wearing a theatrical costume; or
A sportsperson wearing a t-shirt with a badge or logo on it.

3.3 When is a permission particularly recommended?
When you snap a picture of another person, two fundamental rights often come into play: the right of the photographer to free expression and the right of the subject to privacy (the right to be left alone). Many countries have privacy laws that affect the circumstances in which you may photograph people and, to a much broader extent, the circumstances in which you may use images of people.xii Hereafter are described some potential restrictions in many countries on taking and using images of people.

- Intruding one's privacy
- Publicizing private facts
- Suggesting that someone is authorizing or endorsing a product or service
- Putting someone in a false light or defame someone