To many of you this may be a stupid question - but, as has been said often enough - I'm new at this, so be kind! I've been searching thru the forum and have not yet found an answer to this:
Can you use quotes from famous people, indicating the name of said person on a t-shirt sold commercially? Does it make a difference whether the person being quoted is dead, or living?
As with every copyright question, there is no absolute answer. Anyone can take anyone to court at any time.
Generally speaking, the quotes you are talking about have allowed themselves to fall into the public domain. This is why companies must be so vigorous in protecting their intellectual property. At the point they allow infringement, it can be argued that they are not protecting the property. It is similar in real estate law. If you allow someone to trespass long enough, they can acquire the land using squatters rights.
fred
Thanks - that is what I thought - but, we'll be careful! We are talking about military quotes for the most part .. from Patton etc.
Nothing against Fred, but even if 1000 of us said "sure, it's OK", you could still get sued for it.
Some people do sue over the use of their quotes.
Honestly, copyright questions should go to paid legal help who can defend in case there is a lawsuit.
Thank you Rodney - needless to say, answers rec'd on a forum clearly cannot be taken as legal advice; any risk one takes is one's own and noone else is accountable!
my understanding is if it is not taking away from their profits, then it can be done, In my opinion you should print it, if they are small runs who is ever gonna find out, we are printing shirts right now for some guy with fast food restaurant logos and "eat sh*t and die" on them, just be a tshirt rebel
Foyer, no offense, but that's the kind of advice that can land someone in real deep legal troubles.
In my experiences, if the quotes are publicly available through more than one source (ie: the person quoted themselves), than you can use them as long as you credit the source.
Most all of Mark Twain's quotes are now considered public domain, and any public figure (who is not marketing something with their quotes) is free game. You can quote G.W. Bush all day long, use his image, etc, and profit, and it's perfectly legal to do, as he is a public figure.
Arnold Schwarzaneggar <sp> found this out the hard way when he became the Governor of California. He tried suing people for using his likeness and his expressions, but found out that now, as a public figure, that he is public domain. Go figure. You still can't use his Terminator stuff, but you can use ANYTHING he has done since he took office.
I would imagine that military leaders and their quotes would be fair game in this respect. However, I would still check with a legal counsel to be 100% certain.
my understanding is if it is not taking away from their profits, then it can be done, In my opinion you should print it, if they are small runs who is ever gonna find out, we are printing shirts right now for some guy with fast food restaurant logos and "eat sh*t and die" on them, just be a tshirt rebel
Okay - well, first off, I never would've thought the 'eat sh*t and die' saying is something one couldn't use - who's quote is that? (pardon my ignorance - but I thought it was just a generic saying. I guess I need to get out more!)
Thank you for your input - and yes, we are talking small runs -- and as these military types ARE public figures .. my feeling is we are safe. But I appreciate everyone's warnings about getting legal advice.
Foyer, no offense, but that's the kind of advice that can land someone in real deep legal troubles.
In my experiences, if the quotes are publicly available through more than one source (ie: the person quoted themselves), than you can use them as long as you credit the source.
Most all of Mark Twain's quotes are now considered public domain, and any public figure (who is not marketing something with their quotes) is free game. You can quote G.W. Bush all day long, use his image, etc, and profit, and it's perfectly legal to do, as he is a public figure.
Arnold Schwarzaneggar <sp> found this out the hard way when he became the Governor of California. He tried suing people for using his likeness and his expressions, but found out that now, as a public figure, that he is public domain. Go figure. You still can't use his Terminator stuff, but you can use ANYTHING he has done since he took office.
I would imagine that military leaders and their quotes would be fair game in this respect. However, I would still check with a legal counsel to be 100% certain.
Thanks BillM75 = you make good points .. we'll be careful.
THANKS TO EVERYONE for the input - this is really a great forum - people are very helpful! But soooo much info - it's a full time occupation just going from thread to thread!
Okay - well, first off, I never would've thought the 'eat sh*t and die' saying is something one couldn't use - who's quote is that? (pardon my ignorance - but I thought it was just a generic saying. I guess I need to get out more!)
Thank you for your input - and yes, we are talking small runs -- and as these military types ARE public figures .. my feeling is we are safe. But I appreciate everyone's warnings about getting legal advice.
I dont think they were referring to the saying so much as the fact of using fast food logos which are probably copyrighted.
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Always do right; this will gratify some people and astonish the rest. ~~~Mark Twain BobbieLee
I saw someone selling a "I'm what Willis was talking about!" T-Shirt the other day. Would this be Infringement? Or the ever popular "Frank The Tank"
I'm quite certain that "Frank the Tank" is copyrighted, and would be willing to bet that the "willis" line is too. If not copyright protected, than it's most certainly trademarked.
I steer clear of ANYTHING that makes me question if it's legal to use. If I have any doubts, then chances are that I shouldn't take the risk. Many do and get away with it, but with my luck, I'd be the one getting sued for money I don't have.
I saw someone selling a "I'm what Willis was talking about!" T-Shirt the other day. Would this be Infringement? Or the ever popular "Frank The Tank"
The actual line from the TV show might be but the line above in quotes most certainly is not. Now we can't use a sentence with the word Willis in it? You guys are too funny. These copywrite threads are a hoot.
Here are some "frank the tank" Tee Shirts. You guys better call the trademark police...If the Cafe Press link doesn't resolve, just do a search for Frank the Tank. There are a number of them.
Ross, I mentioned what I "believed" to be true. Nothing more.
It's quite possible that it's perfectly legal to use these lines. I don't know, but my personal opinion is that if you have to ask if it's legal, it's PROBABLY NOT. Nothing more.
If you are looking to sell these designs, or already do sell them, more power to you, I won't be narc'ing on you. This is simply MY 2 cents worth, and I usually get change back when I give it.
But looking at your links, I'm pretty sure the one at Snorgtees is really pushing the limits, what with using Will Ferrel's image and all. Again, MY opinion, nothing more.
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