I couldn't find a clear answer and thought I'd ask opinions -
Are you allowed to sell an autographed photo without violating copyright law, etc.? Most images are obtained online and than signed. I'm sure that can be a copyright issue, and doubt that Fair Use, etc., allows one to do so?
Here's the situation-
Offered an autographed photo of Tiffany Alvord for sale... I know... who really cares, Lol. However, I was contacted by her manager (which is her mother). I professionally replied, asked questions, and provided information from where I purchased the photo. I'm attaching the messages I received.
Decided it's not worth the hassle and took the listing down, but wondered if others on here ever had similar issues?
Tiffany's manager needs a life! Obviously, it is not illegal to sell an autograph. Sometimes there is a copyright on the actual photograph the autograph is on.
That's my thoughts... Lol.
I expressed to her in question - if a person acknowledges an image being used for an autograph, would signing it not be a form of permission to use and possess the image? Also being able to use the autograph for whatever purpose or intent. Otherwise, the 'celebrity' could refuse to sign by stating that one did not have permission to use that image. Most images are under copyright by the photographer, studio, celebrity, etc., but when / if are we legally allowed to have them? Always assumed personal use (collecting only) is fine, but selling can be a different story?
I definitely could be wrong here, but are we even sure than Tiffany owns the rights to that image? Could be a photographer or publication. Her manager's threat is suitably vague.
She would have had to purchase the rights from the photographer unless other arrangements were made.
This is what happens when you have your mom as a manager.
Your asking price is $19.95 and she is concerned about you making money! Times are hard I guess.
Wow. I'd tell her the photo is free, I am selling the autograph. Let her chew on that a while.
The email also suggests she really doesn't know her stuff. People sell things with celebrity likenesses all the time without the slightest threat of copyright infringement. We're talking about a physical item being sold, not something being mass produced for commercial purposes.
He name was only vaguely familiar, so I looked her up. She seems to be more of a brand than an artist or anything else. Youtubers really do seem to be the brattiest, most entitled celebrities, and it's hardly a surprise her mom is a full blown Karen.
I can relate to this story. Years ago, Cammie King who was Bonnie Blue Butler in Gone With The Wind, sold autographs on eBay and her website. I purchased a couple and listed one on eBay. She had it removed. I could prove I purchased it directly from her but eBay would not allow it for sale although they were being offered by dealers and other venues.
I wonder if the photographer gets a piece from these celebrities who sell their own merchandise? What is good for the goose should be good for the gander.
its the photo thats thats the problem
wolfgangs vault spent millions going after peole selling bill graham stuff say they need to pay him a licence fee or he would hane it removed.
he said that u has no right to sell,anythy of his stuff so u coudnt put up images of the itiems without a cest a decist leter it wenton for years
its basicly like owning a car and then the car maker saying u cant put a picture of it on line to sell it as we hold the copywright it was getting stupid
we all put disclaimers to get around it but it sucked for a few years
wes wilson wouldnt grant permision for his to be reprinted for stuff .
That's not exactly how her mom is framing it though. She starts by suggesting that the autograph is the problem before launching into designs or copyrights. Again, her rant is indicative of her just being an awful, entitled person - there's nothing "protective" about this.
try listing it with this statement the imaige doesnt give the buyer right to copy it .its for personel use non comerciercial and add some other legeal jumbo crap
make sure its a licenced photo not a bootleg or she could have it pulled in 2 seconds