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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17113
Experience:  Licensed Texas General Practice Attorney
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I have taken pictures at concerts of country singers. I was

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I have taken pictures at concerts of country singers. I was wondering if I enlarged them or made note cards to sell and would I be suewed if they were given to a business to hang on the wall with or without a for sale sign or sold at a craft sale or country event. Would I need permission from the singer to do this? If that person or some other person would see this could they sue me.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

You could absolutely be sued. There is something known as "personality rights" or a "right of publicity". In short, every person has a right to his or her image, and can bar the commercial use of that image if there was not consent given otherwise.

ScottyMacEsq :

For instance, if someone takes a picture of you, and then puts it on a billboard without your "release" (written permission) then you could sue based upon your personality rights. They would have to have your consent to do so.

ScottyMacEsq :

In the same way, celebrities have these rights.

ScottyMacEsq :

There are very few exceptions to these rights, the primary one being the "news reporting" exception. So when you see images of celebrities in public in tabloids, magazines, etc... those are reporting on news (arguably) and not using the likeness itself to sell an image of that person, but rather to sell the newspaper, magazine, etc... But if you were to sell posters or post cards with their images, that would be a violation of their personalty rights and you could absolutely be sued if you did not have a release from them first.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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