This section of the forum is for discussing the business and finance issues of the t-shirt industry. Which business structure to use (sole proprietor, LLC, S Corp, etc), how to handle billing, where to register your business and get the proper licensing, etc.
To avoid getting sued, I wanted to quickly ask you guys before I ask an attorney.
I have read a bit about "Right of Publicity" and was wondering if this situation falls under it.
Looking to take an 80s artist, and use a sillhouette of their face, and under it put one of their song titles which is also the lyrics. Is this illegal.
If it is, what about if I took one of the words from the lyric/title out. For example "I love you Eileen" to "I love Eileen" But then I still have to contend with the artists image.
But then I still have to contend with the artists image.
If you're the artist, there are no issues with the image. You can draw/paint/etc any celebrity and sell it as art. I wish I could remember the name of the case, but several years ago, artists won a big case about this.
As far as the lyrics, I would think changing them like you suggested would put you in the clear.
I'd definitely ask your attorney though.
I don't know if that's really the same thing as this situation. I think if you're an artist and you paint an image of Madonna, that falls under you selling a painting, with the painting being the product and the image being for lack of a better word, incidental. As opposed to selling a picture of Madonna that you have put on a t-shirt, where the method of transmitting the image now becomes secondary. Also, it is more clear in the case of a painting that it is reasonably likely that the public will not assume that Madonna is endorsing the painting. Where as a t-shirt would seem to be a licensed product. I am no attorney but my answer would be you can't use someones name or likeness without their permission. and song lyrics are copywritten material. This is the classic case where the argument for doing this is usually, "I see this stuff all the time". Well, my neighbor doesn't pick up after his dog. It doesn't make it legal, or a decent thing to do.
__________________ I am not a woman. I am a man. It's just a nickname. Honest.
You should do images that are easily discernable as the person you want to do, but not have any defining characteristics of that person. Keep it questionable, then back it with text that isnt direct plagiarism.
Although in school paraphrasing is still plagiarism.
So I am not positive.
Right of Publicity - artists pic and lyric 
I am not a woman. I am a man. It's just a nickname. Honest.
