Tee-Dot

So if an artist draws a picture of a famous person, for instance Kanye West, they are legally allowed to sell the art without paying Kanye West any royalty fees, correct? If this is true, are we allowed to take the art (obviously with permission from the artist) and put it on a T-Shirt and sell it commercially on the internet? Like if I got a license to use the painting of Kanye on a t-shirt. I have full license to the art but the art is of someone who exists.

This is a very touchy subject and I can't get a straight answer out of any lawyers. I'm wondering if anyone has experience in this. Also, what would happen if I did print the artistic drawings of Kanye and put them on a t-shirt when it was illegal? What would the repercussions be? Like a $10000 fine or what?

Keep in mind this is a small business and I think the rules very with how much business you do (like I'm not planning on selling these t-shirts/designs to Walmart or Winners or nothing like that).

 

Reply With Quote

Jasonda

Quote: Originally Posted by Tee-Dot So if an artist draws a picture of a famous person, for instance Kanye West, they are legally allowed to sell the art without paying Kanye West any royalty fees, correct?

There is a difference between fine art that could end up in a museum, and "art" on a product intended for mass production and sale.

Even artists who create paintings of famous people can be sued. Here's an article about Tiger Woods suing an artist who created a painting of him and sold prints:

FWRV Law Firm: Articles of Interest - Entertainment, Matrimonial, and Corporate/SEC Law

The artist was successful in fighting back, but at what kind of legal cost I have no idea.

All people have a "right to publicity" which is basically their right to control the use of their name and likeness. Check out these articles for more info:

RIGHT OF PUBLICITY

Personality rights - Wikipedia, the free encyclopedia

Quote: Originally Posted by Tee-Dot This is a very touchy subject and I can't get a straight answer out of any lawyers.

Have you talked to a lawyer who specializes in intellectual property? If not, you should do that.

A lawyer might not be able to tell you definitively "yes" or "no" on this issue. The thing you should keep in mind is, are you ready and willing to go to court to defend yourself if you get sued? If not, you should quit now.

Quote: Originally Posted by Tee-Dot I'm wondering if anyone has experience in this. Also, what would happen if I did print the artistic drawings of Kanye and put them on a t-shirt when it was illegal? What would the repercussions be? Like a $10000 fine or what?

It wouldn't be a set fine, you would be sued. They could sue for all the money you made, plus damages. In other words, they could sue you for everything you've got and then some.

Quote: Originally Posted by Tee-Dot Keep in mind this is a small business and I think the rules very with how much business you do (like I'm not planning on selling these t-shirts/designs to Walmart or Winners or nothing like that).

It doesn't matter if you make 1 or 100,000 - the law is the same for everyone.

 

Reply With Quote

DUSTINDUSTRIES

I came across a website recently that mentions something called the Orphan works bill being introduced in the U.S. It may have some bearing on older images you may come across and want to use but not sure about fresh pics of Kanye. It makes for interesting reading as I work with a lot of early 1980s images from video games and cartoons which are getting to be 20 to 30 years old. Orphan Works bill introduced in US | Photodoto

 

Reply With Quote