Legal Question in Intellectual Property in Massachusetts

Suppose I wish to use an image from Flickr as an image in the header of a public library website. The image is licensed under a Creative Commons license which allows me to use the image without violating copyright. However, after a little bit of amateur online research, I am concerned there might be a further issue of violating the publicity rights of the people appearing in the photo. I am aware that publicity rights prevent me from using someone's likeness for commercial purposes without their permission. However, since I will be promoting a public library, not a commercial enterprise, do publicity rights apply in this case? Is there a privacy issue here as well? I would not be the first person publishing this image on the web, as it is already on Flickr, but could I be violating privacy in addition to publicity rights? Thanks for your help!


Asked on 11/07/10, 12:35 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney, I can say there's always a risk in these cases. This applies even when you're not using the image for commercial purposes. There are still privacy issues and you can be sued. Do you really want to hire an attorney and defend if that happens? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/12/10, 4:30 pm


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