Profiting from celebrity photos...?

Question

I am a photographer and have taken several photos of a specific celebrity. I want to sell them on different products (ie. mousepads, mugs, etc.).

People do it all the time using images of Obama and Pres. Bush though I realize they are civil servants and celebs are not.

Still, what legalities am I looking at? Since I am the owner of said copyrighted photos/images would it be legal to sell for profit these products.

Since I hold the copyright I personally do not see a problem with my selling these photos as the paparazzi do it all the time. Placing them on products may be an entirely different matter. What is your opinion?

I intend to confer with a copyright attorney but wanted to inquire here first.

Answer 1

The celebrity does have a right to publicity, and to what extent varies by state. But they do have a right to protect their image. Definitely check with an attorney. The last thing you want is to be sued.  

Answer 2

if you want to associate them with a product you need a model release and a good lawyer to draw up a contract

shooting them not wearing undies in public being hoes and selling the images for gossip rags is one thing - using their image to endorse a product without consent is asking for trouble and basically lower than paprazzis

best wishes

EDIT: good luck, hire a good lawyer

a

Answer 3

This is a huge gray area.

Most celebrities have their images trademarked. This however does not prevent you from selling their photos. To magazines, news agencies, and the like. However....

Placing them on products is a completely different matter. Only the celebrities have the right to allow their own image to be used like that. Only they can profit from their images being used on products (or their heirs). Just ask the heirs (and estates) of people like Elvis Presley, Marylin Monroe, James Dean, etc. And this copyright lasts for the life of the celebrity plus 50 years (in the United States), and 75 years in the UK.

It wouldn't matter if they are name brand products or not. You would be violating US copyright and trademark law for using celebrity images to be place on products or even for using them in advertising.

You could be hit with 30 to 150 grand per photo, loss of all profits you make illegally and even jail time.