Question about selling a photo of celebrities

[squinkercat59]

Back in 1978, I obtained a couple of 3.5" square photos of three celebrites (rather unknown at the time) that were taken by someone I knew, a person that owned a movie memorabilia shop I used to visit. He traded me the photos (slightly different from each other) for some stuff I had that another customer was looking for. These celebrities in the photos posed for him, so it was consensual, and the person who took the photo has since passed away.  My question is, since I am the owner of the photos, although I did not take them personally, am I legally allowed to sell one of them?  I'd like to keep one of them for my own collection.

[richard1rst]

That is probably a question best asked of a copyright lawyer. Generally speaking celebrities "own" their own image to prevent people from mis-using pictures to appear that the celebrity is endorsing some product or other. I suppose a lot of it will depend on how big of a celebrity they are now.

[slippinjimmy]

The copyright would have been controlled by the photographer, selling the original photos if they were acquired legally from the photographer would be perfectly legal.

[my-cottage-books-and-antiques]

Selling the original photo? Fine.

Making copies of the original and selling them? Probably not.

[tobaccocardyahoo]

As well as copyright and likeness issues, many celebrities have trademarked their names.

Fortunately, a minority of celebrities are sphincters.

[squinkercat59]

Well, the celebrities are big now. It's Carrie Fisher, Mark Hamill and Harrison Ford, posing outside the man's store, with Carrie holding up a Beatles poster she bought from him. They were taken in Chicago, before Star Wars was released, while they were for a press tour to promote the movie before it came out.  So, early spring of 1977. Snapshots are a little faded, but it's clear who they are. I thought I'd auction it off; I collected Star Wars stuff but have sold most of it by now. Selling what's left as I come across it.

[maxine*j]

The First Sale Doctrine, codified at 17 U.S.C. § 109, United States Uniform Commercial Code, gives you the right to sell the photographs but only that.  You do not have the right to copy or reproduce the photos or use them for any commercial purpose (except for that sale).

Note, though, that the First Sale Doctrine is under relentless assault by people with deep pockets.  If you list it and a person or entity with deep pockets threatens legal action, you can fight it or you can give in even though you know you are in the right.  Each person faced with this situation must make his own decision.

I say list them and see what happens.

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[squinkercat59]

No, I wouldn't copy it.  There are two different ones, and I want to keep one of them. I will think about it a little more and decide. Thank you for your responses!

[gloryglorygifts]

Oh wow. NGL, a little jealous here. LOL. That's a nice addition to your collection. 

[luckythewinner]

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@squinkercat59 wrote:

Back in 1978, I obtained a couple of 3.5" square photos of three celebrites (rather unknown at the time) that were taken by someone I knew, a person that owned a movie memorabilia shop I used to visit. He traded me the photos (slightly different from each other) for some stuff I had that another customer was looking for. These celebrities in the photos posed for him, so it was consensual, and the person who took the photo has since passed away.  My question is, since I am the owner of the photos, although I did not take them personally, am I legally allowed to sell one of them?  I'd like to keep one of them for my own collection.

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You own the prints that you traded for, so you can sell them. 

What you cannot do is make COPIES and sell the copies, because his estate probably still owns the copyright in them. 

[vintage-camerastuff]

As long as the photo of a celebrity is not used for advertising a product or service without a signed release for that specific purpose you can become a paparazzi and chase,shoot and sell celebrity photos all day long.