Hey Nissaea
Actually there is not a great deal of difference when it comes to copyright infringement
The main difference though is that if Fanmail were offering H/Q photos available for download then
they would be infringing any copyright.
However, the photos posted on the forum are technically mostly still in breach of copyright, but it is on the whole
the member (poster) who is breaching the copyright not Fanmail.biz
Also, mass listing of photographs by Fanmail could constitute a business interest, whereby it
could be argued that the website was making money from listing downloadable photographs.
In reality though,
most of the legal threat of a member posting a picture is lost as the 'offending' picture has been autographed / endorsed by the person/celeb on it, and in most cases the celeb (at least in a small part) owns their own likeness.
i.e. in a rounabout kind of way, the celeb has authorised its usage once they have signed it. This is shown by the fact that if they did not want the photograph to be used then they would not have signed it.
Obviously, there is always a risk with anything, but since the world wide web is pretty unregulated it would be quite difficult to make a case stick to an individual member. Fanmail on the other hand would be taking a far greater risk as they could possibly be seen to be profiting from any such photograph lists
The same goes for the photos shown next to celebs in the database. Very often these photos are submitted my members. Otherwise, any other photos shown next to names in the database are the celebrities official promotional pictures.
It is the intent that these pictures are used to publicise the celeb, which is what they do on Fanmail
In reality though, if a database of pictures was formed like you suggest then the photos in it would not be the celebs "official" promotial pics, and the copyright is likely to belong to a whole variety of outside sources
Sorry if that doesn't make much sense, but as an ex-photographer that was how the law stood (at least when I studies it at College)

(many years ago!!!)
Cheers,
Ian
