HELP! Is putting a picture of a celebrity on my website legal? I know fan sites do this and have no problems

I am not selling anything on my website. I do have Google ads on my site which do provide me with some revenue (but I use this to cover my costs, I’m not making any profit). Can you please provide a link to a credible source that tells me if this is legal or not.

Thanks!

You can use a celebrity ("public figure") picture for news purposes, or for educational and discussion purposes, but not — as you seem to know — for commercial purposes.

Incidental ads don’t seem to change that.

One workaround is to link to the Celebrity’s own site, importing part of that site, or a picture kept there. The law on linking to parts of sites and inside pages is still unclear. There was some brouhaha over frames a while ago; it died down with the move to cascading style sheets but has not gone away.

I think this site (below) has a pretty good explanation of "right to privacy" and the use of photographs. Remember that the copyright belongs to someone and unless you have a release you could be in trouble for that. Why can’t you ask the celebrity’s agent?

California has the strictest laws on this.

9 Responses to “HELP! Is putting a picture of a celebrity on my website legal? I know fan sites do this and have no problems”

  1. no it’s not .copy rights laws would’nt let you dop that .
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  2. shirazzz_syrahhhh on December 7th, 2009 at 1:12 am

    depends on the modd of the celebrity when they see it
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  3. if your not making any money it all right
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  4. it depends who took the picture and who owns it.
    if the picture is out in public you can use it, but if it is owned by someone they can make you take it down..

    the celebrity in the photo can’t make you just the owner of the picture..
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  5. Depending on who took the picture. Many professional photographers will put copywright on their pictures. You would need permission for using their pictures.

    If it is a picture you took such as at a NBA or NFL game then you can use those pictures all you want.
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  6. You have to have their right if you’re selling something – placing their image there is using their image to "sell a product" – even if that product is just a google ad.

    If you’re site is parody, you’re protected. If your site is celebrity coverage, your concern is the owner of the photo.

    So, in general, it depends on what the site is as to whether it’s legal or not.
    References :

  7. You can use a celebrity ("public figure") picture for news purposes, or for educational and discussion purposes, but not — as you seem to know — for commercial purposes.

    Incidental ads don’t seem to change that.

    One workaround is to link to the Celebrity’s own site, importing part of that site, or a picture kept there. The law on linking to parts of sites and inside pages is still unclear. There was some brouhaha over frames a while ago; it died down with the move to cascading style sheets but has not gone away.

    I think this site (below) has a pretty good explanation of "right to privacy" and the use of photographs. Remember that the copyright belongs to someone and unless you have a release you could be in trouble for that. Why can’t you ask the celebrity’s agent?

    California has the strictest laws on this.
    References :
    http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter12/12-a.html

  8. If you’re bringing in money from advertising, it means you’re earning money, whether it covers your costs or not. You probably can’t, without permission from the person with rights to the image.
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  9. Probably not. Why not just put a link to the picture there instead, so it is not really on your web site but looks like it is.
    References :

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