Legal Question in Intellectual Property in California

Photographs of Celebrities on Website

I co-manage unique fansite, with--name removed--unique title, ideas, etc. of--name removed--band we both admire. Recently, we received an email stating we had violated some copyright issues with the band. It mainly deals with photographs. These photographs were taken by myself or my friend at various public concerts and meet and greets of the band. We own the photos. We posted only the pictues we own on the site. Are we in violation of any copyright issue? The pictures are nonslandering and in fact heavily promote the band. We make no money off the site or the pictures and have always offered the pictures to the official website first before posting. Any advice would be greatly appreciated on this matter.


Asked on 1/30/01, 8:39 pm

1 Answer from Attorneys
Stephen Anderson Anderson & Associates - MYBRANDSONLINE

Re: Photographs of Celebrities on Website

ALTHOUGH YOUR QUESTION WAS SUBMITTED 1/30/2001; IT WAS ONLY POSTED TODAY!

Unfortunately, in an misguided attempt to sanitize your message, the operator of this BBS removed an essential portion of your message.

Therefore, we are not presently aware of the band, or your URL. Such information would have assisted us greatly. (Not to mention, any potential CONFLICTS of interest could more easily be avoided). Further, we can only offer general advice and cannot guarantee the accuracy of this response without additional information.

If you in fact own the copyrights to the photos, then any copyright claims should be easily defended.

If the band has trademarked their name, however, you must be sure that your site is truly a fan website devoted to commentary and first amendment protections.

THe biggest problem which you may encounter is one of celebrity right of publicity (also known as privacy rights or endorsement rights). You should ensure that your site features an appropriate and prominent disclaimer (e.g., BAND, BAND MEMBERS and BAND MANAGEMENT, and STUDIO are not connected with, and have not endorsed or approved the contents of this website.)

Finally, I assume based on your representation that you "make no money off the site or the pictures" (and thus you make no $ through Banner Ads, click throughs, links, sponsorships and the like).

We would be happy to further discuss this matter with you.

Best regards,

Anderson & Shippey

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Answered on 3/15/01, 2:53 pm


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