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fansite copyright & trademark q's

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R

raru

Guest
What is the name of your state? CA (Server in Holland)

hi, i don't run this actual celebrity fan website, i'm just a member. however, it has recently been stripped of discussion forums and images due to cease and desist letters from the celebrity lawyers. my questions are these:

1) if a celebrity has their likeness trademarked, are they able to control all photographic content containing their likeness? i would think that only the photographer, or who hired the photographer, would have the right to claim copyright infringement to assert their rights.

2) obviously the use of a forum to trade bootlegged materials is unlawful, however, is the discussion of these materials illegal? these items exist and how can it be illegal to have discussion on such items when there is no attemp to sell or profit from said materials?

thank you for any answers.
 



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