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  1. #1
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    Default Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Products

    My question involves criminal law for the state of: Illinois as well as nationally

    First time poster, long time lurker; I first must thank all those who respond so diligently with quality information.

    My question concerns the legality of using a celebrity fan page and subsequently social network fan page to promote websites, goods, services or products via an established dedicated website (example: www.michaeljordanfanpage.com) as well as social network sites (example: www.facebook.com/mjfans).

    I came across the posts regarding directly impersonating a celebrity and the information was great regardless of how much the original poster didn't want to hear it.

    Again I must insist any responders understand I am not looking to defraud anyone and any page created would clearly imply that is it an unofficial fan page not directly associated with the subject matter.

    This question pertains to multiple levels of advertising.
    I can only assume from previous study that building a website such as my fictitious example MichaelJordanFans.com and then incorporating ads (such as google ads) in the design is legal as long as the site does not claim to be under control of the target or an official entity.

    Deeper concern arises from advertising directly such as
    (this site officially endorses this item)
    or
    (this site is sponsored by this company)

    and finally, regarding the social network application of a celebrity fan page such as
    Facebook status updates like (Check out www.notrelated.com for all your not related needs!)


    So to put my questions into a simple outline:
    1. Is it illegal to own, operate or contribute to a fan based celebrity website
    2. Is it illegal to own, operate or contribute to a fan based celebrity social network page
    3. Is it illegal to advertise with unrelated click based ads on either a celebrity fan page or celebrity fan site social network page
    4. Is it illegal to advertise a company, person or product as an "official" sponsor of the site via brought to you by or sponsored by ads
    5. Is it illegal to directly promote an item via social network postings like a status update on Facebook or a tweet on twitter

    I thank you again for taking time to read and respond to this.

    *Please note the sites used as examples are not mine if they happen to exist so please don't actually click on them*

  2. #2
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    You can not use other people's celebrity to market things without their permission. It's sort of a gray area as to where the boundary falls between fandom and commerciality but I suspect that you might get into issues with #3 and you certainly could with #4 and #5.

  3. #3
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    I appreciate the response, obviously probably not what I'd rather hear but honest none the less.

    I don't want to draw this out, but does anyone else have anything that could expand on this such as actual legal examples or written laws or even personal experiences?

    Do all the existing fan pages out there just function illegally?
    To put it bluntly is there a way to get around restrictions on advertising on such a site?

    Please don't think I'm morally corrupt, I'm just a younger entrepreneur exploring all channels of potential success. My goal is, or perhaps was at this point, to assemble a quality biography based site that does its best to keep up with current news, essentially "reporting" exclusively on a single celebrity most likely in a blog like format and then merely make a little extra income from ads throughout the site.

    I'm just curious how sites are allowed to post lyrics, unowned pictures, info, etc from all different kinds of celebrities with ads pasted all over the place and never seem to receive any disciplinarian actions.

  4. #4
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    To put it bluntly is there a way to get around restrictions on advertising on such a site?
    yes, get permission from the person whose name you are using to lure people to your site.

    Please don't think I'm morally corrupt, I'm just a younger entrepreneur exploring all channels of potential success. My goal is, or perhaps was at this point, to assemble a quality biography based site that does its best to keep up with current news, essentially "reporting" exclusively on a single celebrity most likely in a blog like format and then merely make a little extra income from ads throughout the site.
    disguising an advertising site as a bio page doesn't make it ok to do.

    I'm just curious how sites are allowed to post lyrics, unowned pictures, info, etc from all different kinds of celebrities with ads pasted all over the place and never seem to receive any disciplinarian actions.
    just because they haven'y been caught doesn't mean it's legal. You see what you see but do you have any idea how sites were taken down or owners sued to infringement?

  5. #5
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    Then how do sites like IMDB profile not just celebrities, but movies and more without infringing any copyrights?

    Or how does PerezHilton get away with not just posting about, but to an extent defaming celebrities even if the situations are true. Not only does he thrive but functions in the open and is now on tv and radio. I understand he has been litigated against but in most cases the outcome leads to nothing being done.

    My research, though only so valuable as typically it comes from the internet, has led me to believe that in most cases including some of the dumbest like a blogger posting photos that he doesn't own about a situation that was merely a rumor involving not just a celebrity but perhaps a national corporation and an embarrassing situation. From what I've read, typically the furthest most cases go is a seize and desist order, and as long as you comply nothing further comes about.

    Like I said I really appreciate this site and the assistance it offers, I understand it may look as though I have more sinister means to my desires. I am not looking to piggy back off someone's fame, I genuinely would like to share information with the general public in a clean presentable fashion. Expenses arise, a google adsense seemed like a logical way to at least attempt to break even, and ideally yes maybe a few bucks off the top. Call it what you would like, I'm not trying to claim to be someone I'm not nor own something I don't but the law is the law, and I'm not in the game to try and bend the rules. Thats why I'm here.

    Anyway, it seems like maybe my idea wasnt so great, though that's typically how it works for me.

    Thanks to all who took the time to respond.

  6. #6
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    Quote Quoting darkknight
    View Post
    Then how do sites like IMDB profile not just celebrities, but movies and more without infringing any copyrights?

    Or how does PerezHilton get away with not just posting about, but to an extent defaming celebrities even if the situations are true. Not only does he thrive but functions in the open and is now on tv and radio. I understand he has been litigated against but in most cases the outcome leads to nothing being done.

    My research, though only so valuable as typically it comes from the internet, has led me to believe that in most cases including some of the dumbest like a blogger posting photos that he doesn't own about a situation that was merely a rumor involving not just a celebrity but perhaps a national corporation and an embarrassing situation. From what I've read, typically the furthest most cases go is a seize and desist order, and as long as you comply nothing further comes about.

    Like I said I really appreciate this site and the assistance it offers, I understand it may look as though I have more sinister means to my desires. I am not looking to piggy back off someone's fame, I genuinely would like to share information with the general public in a clean presentable fashion. Expenses arise, a google adsense seemed like a logical way to at least attempt to break even, and ideally yes maybe a few bucks off the top. Call it what you would like, I'm not trying to claim to be someone I'm not nor own something I don't but the law is the law, and I'm not in the game to try and bend the rules. Thats why I'm here.

    Anyway, it seems like maybe my idea wasnt so great, though that's typically how it works for me.

    Thanks to all who took the time to respond.


    Neither Perez Hilton nor IMDB operate under the same premise you describe here.

    Honestly - surely you can see the difference?!

  7. #7
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    Quote Quoting Dogmatique
    View Post
    Neither Perez Hilton nor IMDB operate under the same premise you describe here.

    Honestly - surely you can see the difference?!
    Honestly - I was unaware courts were now biased on copyright infringement depending on the context... How dare I assume a law is a law regardless of the context in which it was broken. Surely, I wasn't asking what the differences in law were?!

  8. #8
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    Quote Quoting darkknight
    View Post
    Honestly - I was unaware courts were now biased on copyright infringement depending on the context... How dare I assume a law is a law regardless of the context in which it was broken. Surely, I wasn't asking what the differences in law were?!
    it's not the courts. It's the people whose publicity rights your are using to further your commercial interest. If they don't have a problem with what you are doing, then fine. If they do, expect to get some cease and desist letters, at least hopefully before they file suit.

    but to context; it has always been part of trademark, copyright, and publicity rights issues. If you don't understand that then you need to keep researching so you do.

    Like I said; all you have to do is have permission from whomever you have listed on your sight and you are safe.

  9. #9
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    Quote Quoting darkknight
    View Post
    Do all the existing fan pages out there just function illegally?
    Many do.
    Quote Quoting darkknight
    To put it bluntly is there a way to get around restrictions on advertising on such a site?
    If you want to write celebrity bios, write original content. If you want to use celebrity photos, use one to which you hold copyright or a license. If you want to imply celebrity endorsement of your site, of ads, or of products you sell on your site, make sure you actually have that endorsement. etc.
    Quote Quoting darkknight
    I'm just curious how sites are allowed to post lyrics, unowned pictures, info, etc from all different kinds of celebrities with ads pasted all over the place and never seem to receive any disciplinarian actions.
    The key word here is "seem". The fact that you haven't seen the actions does not mean that action has not been taken.
    Quote Quoting darkknight
    View Post
    Then how do sites like IMDB profile not just celebrities, but movies and more without infringing any copyrights?
    IMDB lists factual information about movies - perfectly legal - offers a database of cast and crew - perfectly legal - allows user comment - perfectly legal - uses licensed photographs - also perfectly legal.... What is the point of comparison you are trying to make?
    Quote Quoting darkknight
    Or how does PerezHilton get away with not just posting about, but to an extent defaming celebrities even if the situations are true.
    You mean this Perez Hilton? I have heard of three different lawsuits, which I believe have all been settled, and by all appearances he has changed his business practices.
    Quote Quoting darkknight
    Not only does he thrive but functions in the open and is now on tv and radio. I understand he has been litigated against but in most cases the outcome leads to nothing being done.
    I don't have any interest in his site, but I've been told that he only savages stars who don't cooperate with him - and those he likes get a lot of attention. If he's licensing photographs or, on the margins, engaging in legitimate "fair use", avoids defamation lawsuits by focusing his comments on public figures and making it clear to any intelligent reader that he's being cruel or satirical but not factual in his captions, and brings a lot of attention to celebrities who, as a class, crave attention, he is in a position to leverage his website into deals and understandings that would get an "ordinary guy on the street" sued, served with DMCA notices, etc.
    Quote Quoting darkknight
    From what I've read, typically the furthest most cases go is a seize and desist order, and as long as you comply nothing further comes about.
    If you want to ignore the law under the assumption that the worst you will face is a "cease and desist" order, I'm not sure why you're here asking questions. Do you want us to reassure you that you won't face worse? Even if you received such a reassurance, it would be meaningless - you can face worse, we can't predict the future, and our prognostications would not help you in a lawsuit.
    Quote Quoting darkknight
    Like I said I really appreciate this site and the assistance it offers, I understand it may look as though I have more sinister means to my desires. I am not looking to piggy back off someone's fame, I genuinely would like to share information with the general public in a clean presentable fashion.
    Then take a look at legitimate outfits to see what they do.
    Quote Quoting darkknight
    View Post
    Honestly - I was unaware courts were now biased on copyright infringement depending on the context... How dare I assume a law is a law regardless of the context in which it was broken. Surely, I wasn't asking what the differences in law were?!
    Given that the most common defense to copyright violation is some form of "fair use", obviously context is going to matter. Context often matters in the law. Is it illegal to punch somebody in the nose? Does it matter if the punch occurs on a playground, in a bar or in a boxing ring?

  10. #10
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    Default Re: Using Dedicated Celebrity Fan Pages to Promote Websites, Goods, Services, or Prod

    Thank you everyone for your honesty and time invested. As a community I'm sure you see a lot of scummy people that come here expecting to be given back doors to sneak through and directions on how to get around law, and the stubborn are always going to come back with a "but, what if I" and that must get frustrating when you are spending your time telling someone something you already know and they don't, only to be questioned.

    I would obviously use original content and licensed photos and perhaps even allow a group share of others photos and content among the users (which I'm sure would be packed with stolen pictures I would then have to sort through on a regular basis.)

    I only mentioned PerezHilton (whom I despise by the way, what a scummy way to make a living) because in every sense they are far more of an extreme then my site would ever be in terms of sharing information on celebrities. I understand there are differences in the exact delivery and obviously he covers all celebrities I was just trying to create parallels between something existing in its most extreme form and my mildly mannered fan page.

    Regardless I have since scratched this project.

    It is clearly not worth the effort and obtaining the photos people want to see legally while 1000's of blogs are just posting whatever they want that subsequently would bury my site in obscurity.
    Like I said, I'm just a young entrepreneur exploring options, expanding my knowledge and trying to make something of myself legitimately. Consequently I ask a lot of questions I have already have a generic answer for simply looking for expansion or reassurance of the absolute definition, please don't mistake that for ignorance, just a hunger for facts.

    Anyway, onto the next idea.

    Thanks again everyone.

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