Image using on website 26 June 2020 at 1:47PM in Small Biz & Charities' MoneySaving 2 replies 131 views

tom2812

Hello all,

I'm not sure of the correct category in which to post this, so I hope I've selected an appropriate one.

My borther-in-law is a small business owner in lawn care, specialising in sports turf management and I am designing his website. Over the years he has worked on the European Tour, etc. and has worked with certain celebrities. He has a picture with a very famous golf player and I'm wondering if I'm able to use that on the site with no legal ramifications? He 'owns' the image technically, but I just want to cover ourselves just in case.

Any knowledge would be gratefully received!

Many thanks.

RobM99

Personally I wouldn't, as it might imply the golf player endorses the company. Can you not replicate a similar image using a "normal" person?

Flakjack

tom2812 said:

Hello all,

I'm not sure of the correct category in which to post this, so I hope I've selected an appropriate one.

My borther-in-law is a small business owner in lawn care, specialising in sports turf management and I am designing his website. Over the years he has worked on the European Tour, etc. and has worked with certain celebrities. He has a picture with a very famous golf player and I'm wondering if I'm able to use that on the site with no legal ramifications? He 'owns' the image technically, but I just want to cover ourselves just in case.

Any knowledge would be gratefully received!

Many thanks.

If the photo was taken in a public place, simple use of the image itself should be fine based on what you've described. However, it's unlikely he owns the photo if he's in it (unless it's a selfie), copyright usually belongs to whomever took the photo - even if they were hired by your brother in law, so first step would be to contact that person and gain permission - expect to pay a licencing fee if it was taken by a professional and this use is outside of the original terms.
The real issue would be with the wording or context placed on the image, if it's accompanied by a simple factual caption 'John Smith meets Golfer Dan Davies during the Birmingham Open', this should be OK, if (as above), an endorsement is mentioned or even implied, this is where the use of their likeness could be contested and your BIL could end up with a cease and desist or even a bill.