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about asking permission
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Apr 16, 2023 16:43:40   #
gb79561 Loc: Trent,Texas
 
I have some photos of celebraties and unfortunatly they are dead but yet I may want to post and sell my photos what can I do about permission or do I have the right to post and sell?

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Apr 16, 2023 17:04:22   #
pendennis
 
You may want to check with an attorney versed on copyright and estate law. But if they were celebrities, their images may have already been in the public domain, and may not have any protection.

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Apr 16, 2023 17:08:07   #
davidrb Loc: Half way there on the 45th Parallel
 
gb79561 wrote:
I have some photos of celebraties and unfortunatly they are dead but yet I may want to post and sell my photos what can I do about permission or do I have the right to post and sell?


Believe it or not but celebrities do retain rights after death. More well known celebs might legally keep rights and collect royalties after they die. Next on your to-do is google the subject and see where you go. It can get complicated. Google "proprietary rights to deceased celebrities likeness." Good luck.

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Apr 16, 2023 18:57:18   #
Bill_de Loc: US
 
gb79561 wrote:
I have some photos of celebraties and unfortunatly they are dead but yet I may want to post and sell my photos what can I do about permission or do I have the right to post and sell?


If the are famous celebraties the photo rights most likely belong to an estate, just like music and film.

As already mentioned, ATTORNEY!

---

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Apr 16, 2023 19:33:17   #
JohnSwanda Loc: San Francisco
 
gb79561 wrote:
I have some photos of celebraties and unfortunatly they are dead but yet I may want to post and sell my photos what can I do about permission or do I have the right to post and sell?


Certainly if you plan to use them commercially, for advertising or promotion of something, you would need permission, probably from the estate. I don't think selling prints as art or posting on social media would be a problem, but consulting an attorney is still a good idea.

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Apr 17, 2023 06:32:51   #
billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
 
gb79561 wrote:
I have some photos of celebraties and unfortunatly they are dead but yet I may want to post and sell my photos what can I do about permission or do I have the right to post and sell?


Politicians and celebrities have no right to privacy like a private citizen does. Pavarotti have prayed on them for years. And, yes, they can sell those images to any publisher they want and have done so for years. Good luck.

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Apr 17, 2023 07:18:46   #
MrPhotog
 
[quote=billnikon. . . .Pavarotti have prayed on them for years . . . [/quote]

Speech to text errors? Paparazzi have preyed on Pavarotti (and other famous entertainers) for years.

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Apr 17, 2023 07:23:35   #
clemente21
 
This falls under property rights, so you are going to need a license. There is a business that used to base their office close to my house in Indianapolis that represents over 200 dead celebrities. Among their clients are James Dean, Marilyn Monroe, Jackie Robinson, Babe Ruth and Malcolm X. Check out their website cmgworldwide.com. They not only represent their images, but also their likeness, signatures and even their voices.

If the photos you want to sell show any of their clients and you still want to pursue your idea, they will be happy to talk to you. Drop them a note at the owner’s site markroesler.com. Selling licenses is how they make their money. And they really do a lot of business (I used to see the owner driving around in his Rolls Royce.) The post office is one of their customers. They have an interesting 60 Minutes video that goes over their business and how it all started.

In this celebrity business representation some of these guys make more money after they passed away than when they were alive. Albert Einstein (or his family) makes the most.

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Apr 17, 2023 07:50:16   #
clemente21
 
You might be right about "right of privacy". However, there is also something called "right of publicity".
https://www.mtsu.edu/first-amendment/article/1011/right-of-publicity

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Apr 17, 2023 07:51:49   #
clemente21
 
billnikon wrote:
Politicians and celebrities have no right to privacy like a private citizen does. Pavarotti have prayed on them for years. And, yes, they can sell those images to any publisher they want and have done so for years. Good luck.


You might be right about "right of privacy". However, there is also something called "right of publicity".
https://www.mtsu.edu/first-amendment/article/1011/right-of-publicity

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Apr 17, 2023 07:59:35   #
ELNikkor
 
So, Pavarotti was a praying man? Good to know...

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Apr 17, 2023 08:36:27   #
JohnSwanda Loc: San Francisco
 
clemente21 wrote:
This falls under property rights, so you are going to need a license. There is a business that used to base their office close to my house in Indianapolis that represents over 200 dead celebrities. Among their clients are James Dean, Marilyn Monroe, Jackie Robinson, Babe Ruth and Malcolm X. Check out their website cmgworldwide.com. They not only represent their images, but also their likeness, signatures and even their voices.

If the photos you want to sell show any of their clients and you still want to pursue your idea, they will be happy to talk to you. Drop them a note at the owner’s site markroesler.com. Selling licenses is how they make their money. And they really do a lot of business (I used to see the owner driving around in his Rolls Royce.) The post office is one of their customers. They have an interesting 60 Minutes video that goes over their business and how it all started.

In this celebrity business representation some of these guys make more money after they passed away than when they were alive. Albert Einstein (or his family) makes the most.
This falls under property rights, so you are going... (show quote)


I would think that type of company deals with commercial use of dead celebrities, not merely selling photos of them.

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Apr 17, 2023 08:43:58   #
jerryc41 Loc: Catskill Mts of NY
 
There are lots of variables. Did you shoot these pictures while having dinner with them in their houses? Are they publicity photos? Are they candid shots taken on the street? As I said, lots of variables. Getting legal advice would be a good first step.

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Apr 17, 2023 10:46:21   #
sippyjug104 Loc: Missouri
 
If it were me, I'd get several Yankee Candles, incense, and an Ouija Board and invite a spirit medium over to contact the dead for their approval. 😜

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Apr 17, 2023 11:13:59   #
coolhanduke Loc: Redondo Beach, CA
 
gb79561 wrote:
I have some photos of celebraties and unfortunatly they are dead but yet I may want to post and sell my photos what can I do about permission or do I have the right to post and sell?


I googled it. Here is what I found.
The bottom line is that celebrities' likenesses and names have value. If you're capitalizing on that, you're infringing on their rights. Their being dead is irrelevant because their estate (or another entity) still holds the rights to their likeness and name.

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