Celebrity Endorsing A lot of people on the internet are starting to become familiar with copyright laws.

They know, for example, that you are not supposed to save and use a picture from someone else’s website.

Sure, theft of images online is pretty rampant. But honest business owners avoid copyright claims by writing their own web copy and blogs, and buying licenses from stock phone companies.

Or they use images listed on Google or the public commons wiki with permissive use licenses.

Using images with commons license can save you a little bit of money. But you want to make sure you read the license grant and know what you are allowed to do with the image. Sometimes they exclude commercial uses (and if you are in business, you are a commercial use).

Copyrights, though, are not the only issues that arise when you put pictures on your website (or any digital or print products).

Advertising laws, for example, can be triggered. Does your image imply a promise of something that is not true?

People in the health, nutrition, financial and self-improvement areas are prone to fall into that trap. For example, if you are selling a vitamin and imply that someone will lose a ton of weight by a picture you include, without a claim being substantiated, you may find the FTC knocking on your door.

Same story if you are implying from a photo that people will make certain incomes from your product or service. Don’t promise incomes or cures for cancer, even by implication!

Just ask Kevin Trudeau. He’s in a Federal prison now….

If you use a celebrity’s image, they also have a property right in their “celebrity,” which they sell when they endorse a product. Using their image in a commercial setting, even with a disclaimer, could get you sued for big, big bucks.

Sometimes it is fair to use a public celebrity image, though. Do you know how to tell the difference between fair use and stealing their rights to their publicity?

Watch our video if you want to learn more about when a celebrity image is permissible and when it raises red flags.

Video Transcription:

Say you found a public domain picture of a celebrity on Google Images. Can you put their picture on your website?

If you are a news website and using their picture to discuss something newsworthy about them, then sure.

If you are a parody website and using their picture as part of a parody, then go ahead.

But if you are selling a product or service of any kind and thought their picture would help sell it, then no way.

You cannot imply in any way that a celebrity approves, uses or endorses your product without their express permission.

A disclaimer will not be enough.

This would qualify as false advertising and violates advertising laws. Plus you would be risking a lawsuit from the celebrity.

Having a license to their image may avoid a copyright suit, but it will not avoid these other problems.

Do you know where your legal land mines are? To find out, call us for a Business Risk Review at 800-449-8992 or email us at [email protected].

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