Legal Question in Entertainment Law in New York
Pictures of Celebrities
Is it legal to take a picture of a celebrity taken in public and alter it to superimpose another person in the picture with the celebrity? If so, what disclaimer, if any, do I need to include.
Is it legal to take a picture of a cover of a tabloid magazine printed in 2006 and alter it to superimpose a person on the cover? If so, what disclaimer, if any, do I need to include.
Can you use the revised image as part of a branding campaign for a product?
1 Answer from Attorneys
Re: Pictures of Celebrities
You can take a picture of anyone and you will own it. However, that's about as far as your rights go if your intention is to use the photo other than for personal or newsworthy use. If you're going to alter the photo, put it in your scrapbook. Using it in any commercial manner will subject you to a lawsuit from the celebrity and, possibly, the person you're superimposing. The one exception may be if you're using the photo for satirical purposes in which case you may have a legitimate defense. Forget about your magazine idea except if you're going to use it for satirical purposes. Again, you have a good defense but it's not ironclad. Double no on your last question.
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