Why your Business Can't Join Taylor Swift's Engagement Party
The internet went absolutely bonkers when Taylor Swift and Travis Kelce’s engagement photos hit their Instagram accounts. It was the moment the world (or at least Swifties) had been waiting for!
Suddenly, every business owner, from photographers to T-shirt designers, from restaurants & venues to non-profit organizations, wanted to share them, caption them, meme them, and ride the wave of attention. The problem is that 99.9% of business owners are doing so ILLEGALLY.
Unless you want bad blood with Tay, I suggest you listen up! (Just ask Kanye, no one wants that kinda beef with her.)
HERE'S THE LEGAL TEA:
Using Taylor's photos is ILLEGAL.
. . . Even if:
- You're just showing love and want to celebrate right alongside her
- You're not "selling the photo"
- You slap a funny caption on top
- You edit the photo to show them in a new location or add additional people
Let's break down why, and what you can do to join in on the trend without ending up having bad blood with TAS Management's lawyers.
Why It's Illegal
Copyright Law: Photography is copyrighted by the photographer the moment that the image is captured, whether it's done on a professional camera or an iPhone. The photographer owns the copyright to the images unless they sell them to another party (in this case it could be Taylor, Travis, or TAS Management). Without explicit permission, you cannot copy, post, or repurpose the images for your business.
Right of Publicity: Taylor and Travis control how their names, images, and likenesses are used commercially. Using their photos to sell or promote your brand - whether that’s photography, merch, a bakery, or your Etsy shop - is a huge legal no-no.
Commercial Intent Matters: Even if you're not directly slapping their photo on a t-shirt to sell, using their images in your marketing (ex: posting them to your feed with your logo or caption tying back to your services) still counts as commercial use.
BOTTOM LINE: THAT'S INFRINGEMENT. It's very simple . . . If you don't own the copyright or have written permission from the artist or copyright holder, DO NOT POST IT.
Fun Alternatives You Can Use
You love being a Swiftie or maybe you just want to capitalize on the trend before it ends?
Good news, there are plenty of creative ways to ride the wave legally.
Use words, not photos: Play with catchphrases and trending hashtags instead of images. The folks at Baltic Born are amazing at utilizing this type of marketing - be sure to check them out!
Are you ready for it? (when announcing your new product drop)
It's a love story, baby, just say yes... (for engagement photography ads)
Catching hearts like Trav catches passes.
Commission custom artwork: Hire a designer to make inspired art such as cartoon versions, parodies, or abstract designs that are transformative. (Tip: Lean into references and vibes). If you need help with creating artwork, our friend at Create & Caffeinate can help!
Create memes with stock or custom photos: Use a photo of a football player and a pop star silhouette, then overlay your caption.
Hop on the cultural moment: Talk about the engagement as reporting news to make it fair game. "Congrats to Taylor & Travis! Engagement season is officially here - are your photoshoot outfits ready?"; then plug your service.
Purchase a licensed image from Getty Images: If you have your heart set on using an image, head over to https://www.gettyimages.com to purchase a licensed image.
Trust me, I get it. I want to shout to the rooftops that our girl is happily in love too! Follow these tips and you'll be able to go viral and stay lawsuit free. Because nothing kills the vibe and your biz faster than a cease-and-desist.
