Fair use for services provided

[MrCrowley]

Illinois

I'm currently providing the sound system for a freak show affiliated with s large haunted house that is affiliated with a famous rock star. I want to know what I can post on my DJ website without violating copyright law. My equipment is ina public area where pictures are allowed. Can I post pictures of my equipment with the haunted house in the background and post that I am providing the system at (name of haunted house) on my website?

 

[quincy]

Illinois

I'm currently providing the sound system for a freak show affiliated with s large haunted house that is affiliated with a famous rock star. I want to know what I can post on my DJ website without violating copyright law. My equipment is ina public area where pictures are allowed. Can I post pictures of my equipment with the haunted house in the background and post that I am providing the system at (name of haunted house) on my website?

Does the sound system consist of screams and moans and other scary noises, or does the sound system you are providing use musical works? If you are using musical works, you will need to license the rights (for both the musical works copyrights and for the sound recording copyrights).

You can post pictures of your equipment and pictures of the haunted house, if you are the photographer and photo-taking by the public is allowed at the venue. You can publish facts (the name of the haunted house, the rock star who is affiliated with the haunted house). You cannot trade off the name of the rock star to attract the public to your website, however, without risk of infringing on the rock star's publicity rights.

You can show to an attorney in your area your proposed website content, to determine better if there are any legal lines you may be crossing.

 

[MrCrowley]

The material being broadcast is owned by the performers, no music is being played, so I'm OK there. The mane if the rock star is in the title of the haunted house. I feel I should be able to state my work, but worry about the publicity infringement that you mentioned.

 

[quincy]

The material being broadcast is owned by the performers, no music is being played, so I'm OK there. The mane if the rock star is in the title of the haunted house. I feel I should be able to state my work, but worry about the publicity infringement that you mentioned.

You can mention the name of the haunted house, even if the name includes the name of the rock star. The name of the house is a fact.

Publicity rights come in when you use the name of a famous person to direct traffic to your site so it appears the famous person sponsors, endorses or is in anyway affiliated with your website. You should not use the famous person's name to advertise or promote your site.

Stating that the famous person is affiliated with something s/he is actually affiliated with, on the other hand, is not a publicity rights infringement. You can have your website state you worked on the "[Rock Star name]'s Haunted House" in such and such a city on such and such a date, because those are all facts and facts are not protectable under IP or publicity rights laws.

 

[MrCrowley]

Thanks so much for all the advice!