FAQ 8: If a photograph contains people do I need to get copyright clearance from them?
A person cannot copyright their face or looks, so you do not need to obtain copyright permission from them. However, in some cases there may be privacy or data protection issues. Where possible, it is a good idea to obtain permission from people who are depicted in photographs, especially if you're using the image in a controversial or commercial way. In these circumstances a model release form is usually used either when the photograph is taken, or retrospectively.
Is it true? That will explain how so many sites sell t-shirts with images of rock or movie star.
Right to publicity is a separate problem (not to mention relatively new/evolving), and the one you'll particularly have to watch out for in these instances.
Copyright law is complex and occasionally ambiguous. This document is intended as a quick reference guide and you are advised to check reference works and/or seek legal advice for your specific circumstances.
The site seems to be a nice general guideline.
But when looking again at the part you quoted above, there is a part that is particularly important in regards to photos of famous people on t-shirts for sale:
Quote:
here possible, it is a good idea to obtain permission from people who are depicted in photographs, especially if you're using the image in a controversial or commercial way.