regarding copy rights and a picture of tara banks?

Question

right read my last question someone stated that i could get in trouble for copy rights have a look first http://stores.ebay.co.uk/Misstees-BARGAIN-House

can i get done for copy right if so how and also can someone please give some more info other than yes or no

u know what FROG im not even going to give you the satisfaction of responding...I asked others on here what they thought of my site they like it so you know what...I dont care...But hey thanks for tell me about copy right

do you think i have any thing to worry about its only ebay??

Answer 1

Yes, you are violating copyright - both that of the photographer and that of Ms Banks. You are violating the photographer's copyright if you did not pay him/her for use of the photo. You are violating Ms Banks' copyright over her identity because you are displaying her image for commercial advantage without her permission.

Here's a good article from the Wall Street Journal online about the use of celebrity photos for commentary (the way in which her photo is incorporated into your site design a step beyond, but it's a start) http://online.wsj.com/public/article/SB112897424251164666-0mFu92_5xrCHDRrqLE9YeCOfOnI_20061015.html

And here's one from Kodak about using a person's identity for commercial advantage: http://www.kodakgallery.com/HelpCopyright.jsp?UV=6415777259_80362084811#others

In practical terms, what does this mean to you? Best case scenario: the copyright holder will contact eBay who will close your store until you to remove all images that violate copyright. Worst case scenario? You get sued by the photographer and Ms. Banks.

RE: Your response that it's "only eBay." You asked the question. By selling items online - you are engaging in a business and the same rules apply to you as to any online business. You break the rules, you face the same penalties.

Answer 2

Get done for what - looking at a pathetic site ?

The copyright of the photo remains with the photographer - if you use it for commercial purposes without getting permission, then yes, you infringe those rights.

This could also apply to the sale of branded goods.