Ok...I want to do a run of political shirts with quotes from our absurd representatives and dog wagging celebrities. An example would be "I have a plan" John Kerry. or the recent MJ Fox brooha. Question...can MJ Fox be considered for political satire?
From what I understand, not unless he's running for a political office or holds (or has held) a political office.
That's why the arnold for governor shirts sold like crazy a few years ago. Popular celeb crossed over to politician. Arnold shirts were coming out of the wazoo.
Is that an open and shut case or open for interpretation. Is Michael Moore political? Can a parody shirt of Michael Moore be created?
I'm pretty sure it's an open and shut case. Only people with political offices or who are running for political offices are exempt from the "right to publicity" laws in the US.
People who make political commentary, news, documentaries, etc aren't politicians, so they wouldn't be exempt.
What about pols that have celebrity in a small set -- like Senator Stevens. I want a t-shirt that says "the internet is a series of tubes." I'd totally wear that!
What about pols that have celebrity in a small set -- like Senator Stevens. I want a t-shirt that says "the internet is a series of tubes." I'd totally wear that!
:folks, remember that this is NOT a political forum. Political rants, rude comments and personal attacks are not wanted this forum and will be removed:
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What about pols that have celebrity in a small set -- like Senator Stevens.
Since he's a Senator, that makes him a politician, which makes him exempt from the "right to publicity" which means you can use his name/likeness on merchandise for sale.
The law attempts to strike a balance between an individual's right of publicity and free speech rights to permit specific uses of an individual's identity. One serious difficulty with relying upon First Amendment protection is the legal unpredictability of First Amendment rules. The First Amendment provides a hierarchy of protection under the newsworthiness exception depending upon how the individual's identity is being used. The greatest protection is provided for news, lesser protection is provided for entertainment and fiction and the least protection is available for advertising uses where a portrayal of a real person's identity is used to sell a product or service.
Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.
Yeah......I dont think that covers half of what goes on in this crazy world of selling and proffiting of unsolicited images... Until someone can explain a concise differance in the two....I will just let it go!!!! Quote:
Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. Well this is a standard dont touch me clause period!!!! Again...how can I be ai self inspired Photog and snap pics of celebraties and sell them for a profit or a for non profit publication?
dont think that covers half of what goes on in this crazy world of selling and proffiting of unsolicited images... Until someone can explain a concise differance in the two....I will just let it go!
I think it covers it pretty clearly. I just don't think you agree with the definition
They had to draw the line somewhere, and it's probably not a perfect system, but that's what it says.
Basically, if it's on merchandise for sale, it's not allowed. If it's for a news or media purpose, it has more leway.
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Again...how can I be ai self inspired Photog and snap pics of celebraties and sell them for a profit or a for non profit publication?
Because a newspaper/media is covered more under the "first amendment" than a person trying to make some money off of someone's likeness on a t-shirt.
What constitutes political satire? 
