QUESTION
What are the legal issues involved when fans post photographs (photographs NOT taken by themselves) on a celebrity''s official Facebook page?
Asked on Jan 31st, 2012 on Intellectual Property - Virginia
More details to this question:
Examples of the types of photographs in question are publicity photos, photos from magazines, reposts of other fans'' personal concert photos, stills from official music videos, stills from movies or television appearances, etc. Is the celebrity liable if a professional photographer is unhappy with his or her photo(s) being posted in a public forum without consent? Are the fans who post such photos liable if the photographer wants to pursue the issue?
1 ANSWER
Patent Application Attorney serving New York, NY
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Tarter Krinsky & Drogin LLP
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If the photographs were not taken by you, you should not publish them. But for certain exceptions, if you do not own the copyright to works of authorship that you are publishing, you will be infringing the copyright owner's rights.
This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us.
Philip Braginsky
Sills Cummis and Gross
http://www.sillscummis.com/practice/practice_group.asp?id=28
Answered on Feb 06th, 2012 at 6:39 PM