legal issues selling for charity

**Phalcon** · 10-30-2005, 02:35 PM

Hi,

I have an idea which may have some legal ramifications. I would love to hear your thoughts on it.

I have a domain with the words "lance armstrong" in it.

What I want to do is develop it into a site dedicated to Lance and his 7 Tour de France victories and sell the site by auction.

I plan to donate all the profits to Armstrong's cancer foundation: Lance Armstrong Foundation I will probably keep a minor administrative fee to cover auction costs etc.

I see potential legal issues, but not sure how to asses them since the site is "not for profit."

If I use pictures of Armstrong found on the internet, can I use them under "fair use" since the site is primarily informational and not for profit?

Is using the name of an athlete to promote his own charity a problem? How serious of a problem, and what risks?

Are athlete or celebrity names protected like trade marks?

Any thoughts are appreciated.

Andre

**Acro** · 10-30-2005, 08:13 PM

Make sure you stock up on headache medication - and legal fees.
I would not do that, if I were you.

**Phalcon** · 10-31-2005, 01:59 PM

Thanks for the input Acroplex.

Would it make a difference if the domain name was more generic, say a generic "cycling" or "racing" domain?

**fundraiser** · 10-31-2005, 04:39 PM

You are generally not allowed to raise money for a charity by using their name without the permission of that charity. I know some might find that statement crazy with all the people who raise money for the Red Cross and others but it is true.

To use Lance Armstrong's name or image to somehow indicate that your fundraising is sanctioned by Lance Armstrong or the foundation is considered fraud. Your best course of action is to contact the foundation for permission. If they give it, great. If not, you know not to do it.

Also, your premise that things might be different since what you are doing is "nonprofit" is flawed. Since you are not a non-profit organization, your work to develop and sell a site would be for-profit. If you decide to auction the site, you would first receive income from the sale and then would choose to donate the proceeds. You would still have to account for the income on your tax return but you could also deduct the donation to the foundation if you itemize your deductions and if the donation is less than 50% of your annual income.

My comments are based on you living in the US. If that is not the case, perhaps others can help.

**Domagon** · 11-01-2005, 09:18 PM

Non-profits have to respect trademark and copyright law too.

Non-profits even get into legal battles over trademarks, etc much the same as for-profit companies do ...

ie. The University of Kansas is currently in the process of taking legal action against Kutztown University (located near where I live) for trademark infringement for using the letters KU on merchandise.

You talk about keeping some "administrative" fees ... sounds to me that you're seeking to profit (even if just boosting your image in the domain business) by using Lance Amstrong's name ...

In my view, the best thing to do is delete the domain...

And either totally forget the idea and/or contact the charity and ask what you can do to help; getting a job in fundraising.

Ron

**Phalcon** · 11-01-2005, 11:03 PM

Thanks for the comments and thoughts.

I guess I hadn't really thought it through very well. I'm definitely not in a position to start a non-profit corp., and I see now that since proceeds from an auction would be paid to me first, it would legally be income regardless of what I do with it, including giving it away.

As for content copyrights for pictures etc., I see your points (although I never intended to suggest endorsment by LAF or Lance). I guess a copyright is a copyright is a copyright.

I am still considering writing to them to test the waters, but after reading your comments and looking over their site I am cautiously optimistic at best.

Oh, in related news, Lance Armstrong just won a case against someone fraudulently selling the yellow LIVESTRONG wristbands.
http://msnbc.msn.com/id/9884897/

BTW, how do all these celebrity and other "people" related sites get away with posting all those pictures of athletes, actors etc. I don't "buy" that they all have photographers out there at all events, and I suspect they are not licensing all their pictures. Are they just playing a numbers game hoping to make a buck before the hammer hits or am I missing something?