commerical purposes

[Peter G]

What is the name of your state (only U.S. law)? California

I have a photo of a rock star that I took. Can I use it for commerical purposes without his permission?

 

[asiny]

What is the name of your state (only U.S. law)? California

I have a photo of a rock star that I took. Can I use it for commerical purposes without his permission?

Where was the photo taken? And what were the circumstances?

 

[Peter G]

It was taken at a rock concert in the '70s in San Diego...The Stones

 

[asiny]

It was taken at a rock concert in the '70s in San Diego...The Stones

Due to the age of the photographs- it becomes questionable. As discovering if the venue did not allow photographs without prior permission (usually most venues don't allow concert goers). And if the concert was a free-open-concert, meaning it was outside and any member of the public was free to view the event. Most paid events would imply the act had the expectation of privacy when it comes to the commercial use of their image... all the video you see online of concerts (usually when the act does something stupid) taken from someones cell phone are not "legally" sold for commercial use.
Also the photo must be spectacular to want to use for commercial use..

I suggest contacting an IP attorney to discuss your particular query in detail.

 

[Peter G]

Thank you for taking the time to clarify or maybe muddle my question...good info. The photo is spectacular. Thanks again.

 

[asiny]

Thank you for taking the time to clarify or maybe muddle my question...good info. The photo is spectacular. Thanks again.

Welcome to the world of law... muddling is what it does best
Usually one question, brings answers that bring more questions.

 

[quincy]

Using a photograph that you took of a rock star for any commercial purpose, without permission from the rock star to use and profit off his image, would be a violation of the rock star's publicity rights.