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apollonwear · November 2nd, 2008

Hey everyone,

I was wondering what is the legal issue(if there is one) behind screen printing(among other way as well) famous peoples faces in some type of photoshopped version on T-shirts?

Maybe like Notorious Big-E etc...

If there is a problem, how about having them not entirely visible, like half his face on there, like implying it was him?

Thanks Again,
Constantine
Apollon Wear

createmytee.com · November 2nd, 2008

Right of Publicity: One is a celebrity's right of publicity -- the right to control the use of one's name or likeness (or any person's right of privacy);

Copyright: The other is the copyright protection of a particular photo in which a celebrity or other individual appears.

Public Figures are not Public Property: Many people assume that public figures are public property, but this is not the case.

Advertising; Commercial Use - not okay: You absolutely cannot use anyone's image, celebrity or not, for any advertisement or endorsement without permission.

Use of Exact Image: The image doesn't even have to be a celebrity's exact likeness to be considered an infringement.

Vanna White; Samsung Robot: Vanna White was awarded $403,000 in damages from Samsung Electronics, because Samsung ran an ad featuring a blonde robot in a game show setting that resembled "Wheel of Fortune".

I think the possible likeness you are able to get away with is less than 25% but this of course could be debated what 25% of someone's likeness or less would be considered.

Good Luck, but I pretty sure the best route in a situation like this is to get explicit permission in order to use ANYONE's likeness, celebrity or not.

apollonwear · November 2nd, 2008

Thanks CMT! Damn, theres alot of fine lines in this area, i should probably stay away. Keep it artsy and without any recognizable faces! designful

createmytee.com · November 2nd, 2008

No problem, here is also another thread covering the same topics when it comes to quotes in case you wondering about quotes which can have different implications over copyrights of an image or likeness...

copyright infringment for famous quotes?

GL

jamerican352005 · November 2nd, 2008

Quote:

Originally Posted by apollonwear


	Hey everyone, I was wondering what is the legal issue(if there is one) behind screen printing(among other way as well) famous peoples faces in some type of photoshopped version on T-shirts? Maybe like Notorious Big-E etc... If there is a problem, how about having them not entirely visible, like half his face on there, like implying it was him? Thanks Again, Constantine Apollon Wear

Let me help you out from personal experience. Stay away...stay away....and stay away from anything that is questionable. It is the perfect way to have a lawyer show up at your business and threaten to sue you. If you have a customer that comes in and wants to do a design of a famous person, logo, etc make sure you get a letter from that person that states they have permission from the owner of the trademark or copyright to reproduce the design. We have had customers wanting to recreate designs and we will not do anything that is mainstream without a release form...and make sure the release form is legit as well! The fast money looks good but will cause you heartache in the long run!

apollonwear · November 2nd, 2008

Hey there Bre, thank you for your insights, i will take your advice an do so as well. Seems too troubling these days..

soj · December 21st, 2008

I have seen a lot of threads like these and wonder why everyone says to stay away from putting images of famous people on t-shirts. Lets look at things this way, if you took the photo of a celebrity yourself, why wouldn't you be able to put that photo on a t-shirt and then onsell those t-shirts, therefore profiting from the face of this celebrity.

Your thinking of another industry which does this EXACT thing??? Magazines and newspapers plaster photos of celebrities all over their product and use their fame to sell magazines. If they can legally do it, why can't t-shirt companies???

studog79 · December 21st, 2008

Quote:

Originally Posted by soj


	I have seen a lot of threads like these and wonder why everyone says to stay away from putting images of famous people on t-shirts. Lets look at things this way, if you took the photo of a celebrity yourself, why wouldn't you be able to put that photo on a t-shirt and then onsell those t-shirts, therefore profiting from the face of this celebrity. Your thinking of another industry which does this EXACT thing??? Magazines and newspapers plaster photos of celebrities all over their product and use their fame to sell magazines. If they can legally do it, why can't t-shirt companies???

There is something call FREEDOM OF THE PRESS... but I am not willing to pay the legal fees for FREEDOM OF THE TSHIRT.

sunnydayz · December 21st, 2008

Quote:

Originally Posted by soj


	I have seen a lot of threads like these and wonder why everyone says to stay away from putting images of famous people on t-shirts. Lets look at things this way, if you took the photo of a celebrity yourself, why wouldn't you be able to put that photo on a t-shirt and then onsell those t-shirts, therefore profiting from the face of this celebrity. Your thinking of another industry which does this EXACT thing??? Magazines and newspapers plaster photos of celebrities all over their product and use their fame to sell magazines. If they can legally do it, why can't t-shirt companies???

Freedom of the press protects the reporters from legal problems. They are covered by news worthy reporting laws.

Even if you take a pic of a celebrity, you would still need their permission to print it, as they do own the right to their own likeness, and you are not a reporter.

proworlded · December 21st, 2008

Probably the best advice...contact an intellectual property attorney that is well versed in these issues. Some of the answers that you receive on the forum, albeit well meaning, may not be accurate.

sunnydayz · December 21st, 2008

I totally agree with you here Ed

we are not attorneys and can only give our own opinions of what we think is right. An attorney is the only one who can really tell you what to do.

PositiveDave · December 21st, 2008

Pick someone dead!

sunnydayz · December 21st, 2008

Even if someone is dead, it doesn't make it not protected

usually a trademark or copyright lasts the life of the artist plus 75 years. Some cases they are owned by an estate that can last even longer. That is why it is important to contact a intellectual property attorney to be sure.