Can I legally sell copies of a photograph of a celebrity that I took?

Question

I have a photograph of a celebrity that I think looks very cool (it's a guitarist on stage). I was thinking of printing up a few copies in a poster size and trying to sell them. The guitarist is now dead, and for that matter has been dead for 17 years now (can you guess who it is?). I'm just thinking it would look cool to have it matted and framed and hung on a wall and I'm sure others would like that too. I'm not trying to get rich, but I would have to charge something. Is that legal? At the show that night, they expressly allowed cameras, so I took the photo legally with my own camera. The guitarist's estate probably still makes money off his image though, and I'm concerned I might get sued. I'm not really doing it for profit, just love of the guitarist.

Answer 1

The internet is really a bad place to get legal advice.

With that said, though, here's my understanding of the law.
in any place unless they have a reasonable expectation of privacy(bathroom, medical facility) it's fair game for it to be used for editorial use. Editorial use constitutes use in a newspaper, magazine, etc. You are certainly entitled to sell it to one of these outfits for editorial use. This is the realm in which the Paparazzi operate.

If, however, you intend to sell the photo for anything other than editorial use, or otherwise to use it in advertising, you do absolutely need that person's(or their estate's) express written consent in the form of a model release.

Given that, I'd think that you would be on shaky ground and could definitely potentially have legal trouble.

Answer 2

Depends if you had a right to take the picture in the first place. The reason paparazzi chase famous people, is because they do not have the right to photograph them in certain venues, often like concerts.

Even though lots of people take pictures at concerts, there still may have been something on the ticket that said you aren't allowed to.

But don't worry about it. Even if you aren't "legally" allowed to sell this picture, the worst that will happen if you try to, is the family could contact you and ask for the money you made, and to stop selling it, and to give them the picture for selling, if they want. Nothing would end up in court as long as you are nice, and just agree with the person who is telling you to stop, unless you argued that you had a right to the picture yourself. (Oh, and if someone contacted you and told you to stop, do have them send you a real paper letter, to your lawyer, so that it doesn't turn out to be someone yanking your chain!!)

So go ahead, and sell the picture. Copyright the thing, and include the year you took it in the copyright. You could even do the whole thing over something like CafePress.com, and put the picture on posters, t-shirts, whatever. That way, if you don't sell much, you have proof that you didn't make a bunch of money, and are hiding it. And even if you do sell and make money, you have proof that it is a picture that you took, and you didn't steel it from another website, or whatever (because you have it published on the web, rather than just selling it out of the back of your car at concerts, etc.)

And when you put it up for sale, write up exactly when, where, and how the picture was taken. And don't sell any other pictures along with that one, so that it can't be said you are using his image to promote your own somethingorother.

Upshot: you won't get sued, as long as you aren't using your famous dead guy to promote something other than himself. You aren't worth the legal trouble. But you might rate a telephone call from the representative of the famous person's family. :)

Hope that helps. Below is some source info...

Answer 3

In photography you need to have a release form that give s you permision to sell or publish a photo. People are very sensitive with photos. You won't need a release form if you are writting a story about that photo. I'm a photographer and I got into trouble because I used an image of someone without a release form. Be careful!

Answer 4

Paparazzi are professional photogrphers, they get paid by newspapers and pubications for their work.

Get permission from the family. You don't want to get involved in a law suit, it may get vicious.

Write a letter to the family requesting permission and be very specific in your letter how and where you plan to sell the photographs, as well as at what what cost they will be sold.

Who knows, the family may like the idea.

Answer 5

Since you were not in a public place when the picture was taken there is a high likelhood that some copyright may apply. You may not need to worry about it if you're just selling it to a few friends.

Answer 6

well u have to buy a professional camera first of all. and practice holding the camera steady so pics dont come out blurry. and u have to be fast on ur feet. also be nice to the celebrity. ask them how they are doing and that might give u a couple more seconds for them to answer back. be courteous. o and dont email it bcuz ppl will just take advantage fo u and not pay 4 the pic. u have to go in person and bargain for how much it is worth.

Answer 7

Do some reading to help you figure out some of your questions. There are alot of factors behind your question and if this "Guitarist" is as famous as you say somebody in his family will either give you a cease and desist order or worse you will be upright sued.

http://www.copyright.gov/

Hope this helps,
Kevin

Answer 8

Paparazzi take pictures and sell them all the time. I don't see why not - I'd check with a copyright attorney first, though.

Answer 9

Read this article in source list and you have your answer. You are in the clear. I am a photographer by trade as well.

Answer 10

I had a question similar to that. If YOU took it, it is yours. If anything comes of it, look into copyriting it.