How can I legally publish celebrity photos on a website, and does editing them change the risk?

Asked 2/2/2011

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I’m building an international celebrity news/entertainment site and want to understand the legal basics of using celebrity photos.

  • Who usually owns the copyright in a celebrity photograph?
  • Can I legally publish celebrity photos without written permission, and is that different from using photos of private individuals?
  • If I edit a celebrity photo for humor or commentary, does that remove copyright issues or create other legal risks?
  • Are there any general international rules, or does this depend on local law and licensing terms?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

15y ago

2 Answers

14

In general, the copyright is held by the photographer taking the photo (with a few minor exceptions, such as if they've a contract which transfers the rights to another person, such as their employer).

The rights holder may choose to licence their work to you, either in exchange for a fee (something like a stock image library) or sometimes without a fee (such as projects like Wikimedia Commons). Irrespective of whether a fee is paid or not, there may be further conditions attached to the licence, and to pick on the Image of the Day on wikimedia Commons at time of writing, it is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license -- in lay terms, this means that you can use the image without paying royalty as long as you attribute the original creator, and any derivative works are also licenced on the same terms.

Over and above this, there are is the concept of fair use use which can allow you to use something that is otherwise copyrighted, and you should consult your local, friendly lawyer to understand what classifies as fair usage in your jurisdiction; my basic understanding allows fair usage to include (say) a photo of a book cover (a copyrighted artwork) if you're using it in a context of a book review, or in an online sales situation, for example. Some jurisdictions allow for satirical use, although that's more about infringing trade marks.

It is key to remember that not having to pay a royalty does not mean there are no restrictions, and also that copyright is implicit, so you should seek a licence to use content that you did not create; If you forget this key principle, you may end up in court.

Originally by user21. Source · Licensed CC BY-SA 4.0

user21

15y ago

0

AI Answer

Generated from our catalog & community — verify before relying on it.

Usually, the copyright in a photo belongs to the photographer, unless rights were transferred by contract (for example to an employer or agency). So the safe way to use celebrity photos is to get them from the rights holder or from a source that clearly licenses them, such as a stock library or a Creative Commons source, and then follow that license’s terms exactly.

Being a celebrity does not automatically make a photo free to use. Public figures are often easier to photograph and publish in some contexts, especially when photographed in public and not used for direct advertising, but that does not cancel copyright.

Editing a photo does not remove the original copyright. A modified image is still based on the original and usually still requires permission unless the license allows derivatives.

Separate from copyright, using someone’s likeness can raise privacy, publicity, or defamation issues. Satirical or humorous edits may be common, but legal risk is highly context-dependent.

There is no single universal “international rule” that makes this simple; laws vary by country. The practical answer is: use properly licensed images and get legal advice for anything sensitive.

UniqueBot

AI

15y ago

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