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Michael Jackson Transfers



 
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Old June 26th, 2009 Jun 26, 2009 8:40:14 AM -   #1 (permalink)
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Exclamation Michael Jackson Transfers

One of our suppliers has offered Michael Jackson transfer designs to us. We have contacted our intellectual property attorney who advised us not to sell these. He feels that since they are not licensed it could lead to legal problems and lawsuits. He backed up his advice with mention of a court decision that was made after Elvis Presley died. I just thought that the forum might be interested in this advice.
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Old June 26th, 2009 Jun 26, 2009 8:47:27 AM -   #2 (permalink)
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Default Re: Michael Jackson Transfers

You no what, after seeing them so fast on the streets of NYC yesterday I thought no way would I even attempt this. I just new it was wrong and I am sure it won't last.

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Old June 26th, 2009 Jun 26, 2009 9:45:59 AM -   #3 (permalink)
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Default Re: Michael Jackson Transfers

Yeah...it's gonna be much like President Obama shirts. I have to be honest and say that I made a shirt for my wife and I to wear to work today...but from the knowledge I have gained from this site...I would never sell any.
 
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Old June 26th, 2009 Jun 26, 2009 10:01:50 AM -   #4 (permalink)
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Default Re: Michael Jackson Transfers

Actually, it is not like Obama. From what my attorney stated, when a person, while alive, generated income from his personality it is not allowed to use his image after death without permission (license).
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Old June 26th, 2009 Jun 26, 2009 10:05:46 AM -   #5 (permalink)
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Default Re: Michael Jackson Transfers

ALOT of people will get away with selling shirts with his image on it. What does it take to get permission to use deceased peoples images? I'm willing to bet alot of sites use images with no permission and get away with it all of the time.
 
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Old June 26th, 2009 Jun 26, 2009 10:10:24 AM -   #6 (permalink)
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Default Re: Michael Jackson Transfers

You are correct...and many get caught eventually and end up with legal problems and penalties.
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Old June 26th, 2009 Jun 26, 2009 2:53:06 PM -   #7 (permalink)
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Default Re: Michael Jackson Transfers

I think political figures are different than celebrities. Since they are "public" figures, you can freely use their image. I am not 100% certain though.

Celebrities are not public figures.
 
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Old June 26th, 2009 Jun 26, 2009 2:57:31 PM -   #8 (permalink)
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Default Re: Michael Jackson Transfers

Froim the legal advice that we have received you are correct.
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Old June 27th, 2009 Jun 27, 2009 4:12:46 AM -   #9 (permalink)
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Default Re: Michael Jackson Transfers

I would never sell one because of legalities, also who would want a child molester on their shirt. The same way O.J. had no involvement killing Nicole. Mike
 
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Old June 27th, 2009 Jun 27, 2009 4:22:59 AM -   #10 (permalink)
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Default Re: Michael Jackson Transfers

Quote:
Originally Posted by tdprout
ALOT of people will get away with selling shirts with his image on it. What does it take to get permission to use deceased peoples images? I'm willing to bet alot of sites use images with no permission and get away with it all of the time.
Hours after his death t-shirts and other items hit the streets of NYC. (Probably other places too but this is 1st hand knowledge) Yesterday they were still out selling them but the difference is that it is almost impossible to track down a hustler on the street but if you put it on your site it will be much easier to track you down. The worse case scenario for the street vendor is he get caught selling on the street without a license and what ever merchandise he has on him gets confiscated, but plaster shirts across your website and that is all the evidence they need to run you into court.

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Old June 27th, 2009 Jun 27, 2009 9:57:17 AM -   #11 (permalink)
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Default Re: Michael Jackson Transfers

Thats sad that people are so low, that they will do anything for a fast buck
 
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Old June 27th, 2009 Jun 27, 2009 4:27:48 PM -   #12 (permalink)
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Default Re: Michael Jackson Transfers

Yep so true, had lot's of people asking me to print M.J t-shirts. And sadly i refuse to do it.....I can't say i wasn't tempted to do it.

You should see how many printers and people are making money right now. But karma is no joke. lol
 
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Old June 29th, 2009 Jun 29, 2009 10:36:11 AM -   #13 (permalink)
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Default Re: Michael Jackson Transfers

Hey guys we got our share of phones calls for the micheal Jackson t-shirts..I turned everybody away..it's all about integrity with me..so protect yourselves...greedy is not the answer.
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Old June 29th, 2009 Jun 29, 2009 10:47:56 AM -   #14 (permalink)
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Default Re: Michael Jackson Transfers

its Business its not illegal to sell shirts with his picture and its not greed thats whats called business we make a product to make money he died at death theres no reason not to make products with his pic or name im not gonna get on a high horse its like is it wrong to print shirts for pro life or freedom to choose and im againest abortion but this is a business I print what the people want are we that weak that your to affend someone no matter what you somebody is going to be offended IS JUST BUSINESS

Last edited by Comin'OutSwingin; June 29th, 2009 at 10:56 AM. Reason: removed comments regarding forum moderation per forum guidelines.
 
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Old June 29th, 2009 Jun 29, 2009 10:56:21 AM -   #15 (permalink)
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Default Re: Michael Jackson Transfers

Quote:
Originally Posted by the boss
its Business its not illegal to sell shirts with his picture
If you don't have the rights to the picture, it is very much illegal.

You can't legally print copyrighted material.

There is no provision in copyright law that allows for a printing company to just print what they know to be copyrighted material.

Also, there is a difference in "getting on a high horse" and following the law.

If you're going to be a lawbreaker, don't try to justify it and say "I'm just giving the people what they want". At least know that you're breaking the law and that that could come with some serious consequences.
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