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princessok · October 12th, 2007

Hi Everyone,

I am confused as to some of the laws for copyright. I see hundreds of websites that sell for example t-shirts that say Ferrari on it or even have like a porsche logo on it. I am talking about websites and stores that have been operating for many years. I also see people selling hockey or football t-shirts/flags with the logo of the teams printed on it, how are these companies able to do this without breaking any copyright laws? I seriously doubt that they have recieved permission from all the teams, or car manufacturers to do so.

Pls can someone educate me better on this, i've tried searching the net and i believe they must have recieve permission.

Thanks

Jasonda · October 12th, 2007

Quote:

Originally Posted by princessok


	how are these companies able to do this without breaking any copyright laws?

Unless they have permission (doubtful), they are breaking the law. Maybe they haven't been caught yet, or maybe they're already being sued. It's pretty simple, really.

ImageIt · October 12th, 2007

One key question is if you are in the printing business or the t-shirt selling business. For example, if the local Porsche dealership asks to have shirts printed with the Porsche logo, i'm not going to worry about printing the logo. On the flip side, if a local race track races a lot of Porche's, you might be tempted to print some shirts up with the Porsche logo and sell them at the track. If you do that, you risk getting into trouble.

When it comes to copyrights and trademarks, i prefer to define it as "not my problem". I'm in the printing business. I charge the same price to print a shirt, regardless of the artwork. If a customer goes out of his way to tell me he is planning to break the law with the product i am making, i would turn the job away.

It is like film processing. If the picture has a coke can in the frame, that isn't the responsibility of the drugstore to question the trademark or even blur it out. It is the person who uses the picture for a commercial purpose who is responsible.

fred

Jasonda · October 12th, 2007

Quote:

Originally Posted by ImageIt


	It is the person who uses the picture for a commercial purpose who is responsible.

Actually that's not entirely true. The company printing a copyrighted image can also be liable and at risk for being sued.

The Olympics are coming to Vancouver in a few years, and some people and companies here have tried to get us to print stuff featuring the rings or the official logo. Unless we have a signed document giving them permission, we won't print it. It's just too much of a risk.

bubba35 · October 13th, 2007

Very true Jasonda.And the Olympics are very stringent on their copyrights.They hit Atlanta with a vengance in '96.

It also depends on what you are using and selling.For example; if you print Sr. Class tshirts, and use a copyrighted logo, like an Absolute Bottle,probably no problem at all.Print the same bottle and sell in a retail location,you're asking for trouble.

princessok · October 19th, 2007

Wow there soo much to consider, thank you all for your posts, it helped me a lot!

margiestubbs · February 1st, 2008

I have a question..I am very new to this business so forgive me...I am an artist...I paint celebrities,and normal folks but I start with a photograph...from the web,ones my clients took or ones I took...I use the computer to distort themand change them to reflect my style of painting then I paint them...a friend of mine suggested I take the computer images and put them on T-shirts to sell for those who can not afford the painting...I ust built my sight...covered in my artwork from the photographs and relized...is it OK to use these images on a shirt to sell???
It is my artwork it takes me hours to tweak it in the computer to the way I like it..but the are celeb's..mostly dead but now I am about to do a new serieswith hip young stars and now I am afraid...Do I need a copyright for this???

wormil · February 1st, 2008

That's a good question about celeb faces, one I've been wondering about myself.

sunnydayz · February 1st, 2008

You cannot use a celebritys picture without there permission. It is illegal.

mrshadow · June 2nd, 2008

They are taking the pictures and selling their magazines with their faces...are they paying the celebs ? I don`t think so...

mystysue · June 2nd, 2008

magazines and tee shirts is like comparing apples to oranges they are not the same thing.. nor is the law anywhere near the same..

A good rule of thumb is that if you have to ask.. its prolly not ethical or legal..

mrshadow · June 2nd, 2008

I think you can print Sawyer in your t-shirt but you can`t use LOST...am I wrong ?

Jasonda · June 2nd, 2008

Quote:

Originally Posted by mrshadow


	I think you can print Sawyer in your t-shirt but you can`t use LOST...am I wrong ?

You can't use Sawyer or Lost.

See this thread for a similar discussion:

Legal Question Regarding Art

mystysue · June 2nd, 2008

Good rule of thumb is this..
If it looks like a famous person.. - not legal
If its the name of a real person - not legal
If its a name of a character in a show that easy to reconize as it being refering to the show=== not legal
show name - not lega
saying easily reconized as being from a show or movie.. (example: Nobody puts baby in the corner, from dirty dancing) -- good chance its trademarked and Illegal..

willl they catch you.. You never know.. its really not worth the risk..

Girlzndollz · June 2nd, 2008

Basically, if someone else created it, you have to get a license to use it, or it has to be royalty free. Celebrities have the right to prevent someone else from making money off of their image. Copyright isn't an exact science. Alot goes into wether or not the copyright holder is defending their copyright.