Legal Question in Civil Litigation in California
Internet Privacy Laws
I'm considering starting a business and question whether my idea is legal. I'm taking digital pictures of people in sports activities such as surfing, skateboarding, skiing, and football, baseball, etc. I then load these pictures on to a website so these people can download their pictures for free. I will never be charging money. I don't have any type of permission from these individuals to do this. Is this possible since I'm not charging any fee or selling their images without their consent? The site would be maintained by sponsorship of companies with interest in the sports.
Additional details would be:
1) State beach vs. Public beach.
2) Taking pictures of people on a ski mountain run by a company.
3) Public events (football, soccer, etc.)
1 Answer from Attorneys
Re: Internet Privacy Laws
Even though you will not charge for the pictures, you will be making money by way of endorsements, ads, sponsorships, promotions, good will, value of the web site, value of the collection of the pictures, etc.
You will be sued, guaranteed.
I suggest you develop a release form with the assistance of an attorney in order to get your subjects to sign a allow you to post their pictures legally. Good luck.
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