Legal Question in Intellectual Property in California
Use of Celebrity Pictures - Internet
I have a celebrity fanmail site that contains a database of celebrities and their fanmail addresses. I charge for access to the directory for a small monthly fee. The site also contains history about the success of failures of the addresses. I spoke with an laywer and he told me I should be able to list a directory of publicly known celebrity fanmail addresses without getting into any trouble. He said there might be some gray area. I think it is okay because it's public domain/public interest.
I also allow members to upload scans of the autographs they receive in the mail. Is it okay for they scans of autographs to be displayed? I assume it is no different then autograph sites that list the autographs for sale and display pictures of them. I was also wondering if I redesign my site can I use the scans as part of the disign of the site. I would put thumbnail size copies of the scans as part of my header and modify/crop them to fit the header.
1 Answer from Attorneys
Re: Use of Celebrity Pictures - Internet
As to issue #1, listing, I agree with the lawyer you've already consulted; the possible gray area he had in mind could be either (a) in our society anyone can sue anyone (almost) over anything (almost), and defending against even a meritless suit can be expensice; or (b) any act that further exposes someone to publicity or invades privacy MIGHT (remotely) be a separate actionable (tortious) offense.
As for uploading scans of autographs, it' hard for me to imagine a ground for suit against you for doing this; but again, beware the suit without merit that nevertheless costs you a bundle to defend. These stars (probably) have more money to spend on lawyers that you.
I would be much more cautious about incorporating celebrity autographs into a Web site's (or any businesses') publicity. After all, an autograph is a signature. I think this oversteps the bounds of fairness on use of an item of personal property, and would require the permission of the signator.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
