Legal Question in Constitutional Law in Arizona

using celebrity photos

Hi,

I want to know the laws in regards to using a celebrity photo in my clothing boutique. If I purchase the celebrity photo from a photo library site can I use the photo in my store?

My idea is to show my customers that a celebrity is wearing the exact same clothes I have available in my store.

Please let me know.

thank you


Asked on 2/06/06, 5:37 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: using celebrity photos

Buying a copy of a photograph does not give you the right to reproduce it or use it commercially, just as buying a copy of a book or a movie doesn't give you the right to do such things. Presumably someone owns the copyright to the photo, and presumably you didn't purchase that right along with your copy. Unless your purchase agreement says you can republish the photo -- and the seller actually has the rights your contract says you purchased -- all you are allowed to do is enjoy your copy of the photo in non-commercial ways.

There is an additional issue here because celebrities have the right to control the commercial use of their likenesses. Your right to use a celebrity's photo as you hope to do is doubtful unless the celeb has agreed to let you do it. Sometimes celebs let the designers and/or sellers of their outfits use such photos for marketing purposes; I have a client who sells clothes to many A-list stars who never do commercial endorsements but who allow my client to use such photos on its website. But you don't claim to be the actual source of the celebs' clothes; instead, it seems you just sell identical merchandise. I very much doubt they would agree to let you use their photos to promote your business.

Keep in mind that most major stars have staff who search for misuse of their likenesses and will take legal action when they find someone taking advantage of their fame as you propose to do. You are on thin legal ice here and you need to tread very carefully.

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Answered on 2/06/06, 6:15 pm


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