I spent four years as a pro photographer. I have looooads of images that i took and therefore have intellectuall property over. As I was given a press pass to take these images and I was never asked what would become of them, can I now use them in my fledgling t biz?
the images range from world super bikes ,ladies with very little clothing, rock bands ferrari racing etc
i was wanting to edit the images to make various montages and individual images for the tees.
Re: using images from my previous photograpy business ok for t-shirts?
First I would say, you probably want to talk to a lawyer
Secondly I would say that rights for photos for "publication" are different than rights for photos for "use on merchandise for sale". I think you would have to get specific permission for that specific usage.
You would also need to get permission from the ladies or any people in the photos to make sure they allow the use of their image on merchandise for sale (look up "right to publicity" in google).
So, to answer your question, no, I don't think it would be legal, but I'm not a lawyer, nor do I play one on TV.
Re: using images from my previous photograpy business ok for t-shirts?
I would have to agree with Rodney. If you took the photo you own the right to said photo. You may not own the rights to the actual image in the photo.
example - Rock band. You cannot distribute images on shirts of a rock singer just because you took the photo. Another example thats pretty much easy to understand would be taking a photo of the nike swoosh and then printing that photo. A big no no.
Check with a lawyer. I did shirts years ago for a Museum in Alberta Canada. It was for a theme sowing of the Music of the 60's. We did pictures of major bands of the day that were photographed by Elliot Landy (official photographer of Woodstock). Permission was needed to use the images even though Elliot was the actual photographer.
I have looooads of images that i took and therefore have intellectuall property over.
Just because you took them, it doesn't automatically follow that they're your IP. Unfortunately it inevitably gets a lot more complicated than that. This is one of the few instances where I think it might actually be worth contacting a lawyer.
Re: using images from my previous photograpy business ok for t-shirts?
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Originally Posted by Rodney
You would also need to get permission from the ladies or any people in the photos to make sure they allow the use of their image on merchandise for sale (look up "right to publicity" in google).
Generally Joe (or Jane) Citizen has no right to publicity; that right extends only to people whose image is actually worth something. The average person has disturbingly few privacy rights when it comes to photography (one of the few being that it can't misrepresent you).
Re: using images from my previous photograpy business ok for t-shirts?
I deal with a lot of bands and such, I would just ask them for permission, most of them are more than willing to grant it just for the free publicity.
Usually celebrities and such are public domain anyhow as long as your not trying to pass it off as their product or duplicating their merchandise.
If you go th route of trying to license them through th band your dealing with managers and record labels and that will get hectic and expensive. Its more about greed at that point than them caring what you do. Just dont duplicat specific logo's.
Re: using images from my previous photograpy business ok for t-shirts?
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mmm, i take it getting licencing from rock bands etc is expensive???
Depends on the band. Most of the big bands are under contract with the record labels who get their cut of everything. Usually these guys already have merch reps handling their goods. If you can get to one of the members in the band you might be able to get some business yet it will probably be tough
Re: using images from my previous photograpy business ok for t-shirts?
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Usually celebrities and such are public domain anyhow as long as your not trying to pass it off as their product or duplicating their merchandise.
That's not true at all. Celebrities are not public domain.
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Generally Joe (or Jane) Citizen has no right to publicity;
I've never read that it was exclusive to just celebrities?
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If you go th route of trying to license them through th band your dealing with managers and record labels and that will get hectic and expensive. Its more about greed at that point than them caring what you do. Just dont duplicat specific logo's.
It's usually best to go the legal route. Hectic or not. The record labels are usually the ones who have the legal rights over the band images.
Re: using images from my previous photograpy business ok for t-shirts?
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Originally Posted by Rodney
I've never read that it was exclusive to just celebrities?
It's a right to publicity, rather than a right to privacy, so it's about protecting the value of those whose image has a value. It's not exclusive to celebrities, but it's much like suing for damages - if you're not a known entity, it can't have done financial harm to your valuable image. That said, in the US it's mostly state law, so it will vary from state to state.
Bear in mind this is also referring to images taken in public - images taken in private have other considerations like model releases, payment, etc.
It also doesn't mean someone couldn't necessarily successfully sue, it just doesn't fall under the domain of right to publicity (unless it does in that state ).
This is a discussion about using images from my previous photograpy business ok for t-shirts? that was posted in the General T-Shirt Selling Discussion section of the forums.
Re: What designs CANT i put on my shirts....? 
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