[teelover37]

I want to design and screen print john Lennon and Beatles tee shirts.is that legal? or would i be copy writing infringement?

 

[pukingdeserthobo]

Re: Am I copy writing? legal or illegal!?

think about it.

 

[teelover37]

Re: Am I copy writing? legal or illegal!?

thats not helpful.ive seen other people do it.does anybody know if its copyright infringement?

 

[IYFGraphics]

Re: Am I copy writing? legal or illegal!?

I want to design and screen print john Lennon and Beatles tee shirts.is that legal? or would i be copy writing infringement?

Huge infringement....unless your licensed to produce them.

 

[Solmu]

Re: Am I copy writing? legal or illegal

I'm guessing you didn't take the photo in question and aren't proposing to pay to use it, so yes - it would be copyright infringement. On top of that, there's the usual host of trademark and right to publicity intellectual properties issues that would also apply.

In short, it's illegal for a number of reasons, ignoring those laws could get you sued, and that could be expensive.

 

[sunnydayz]

Re: Am I copy writing? legal or illegal!?

I would say it is totally illegal if you do not have permission by the image owner. Here is a more thorough answer quoted from Solmu, which is the best answer I have seen yet on this issue:

Since this is a legal question, it's best that we steer clear of it. There are plenty of topics that cover copyright and trademark and using famous images in parody that you can find by using the search box at the top of the forum.

The usual recommendations apply:

- Talk to lawyer if you want to do something that you think might be illegal or have a legal question. They will be the ones that can help you and even then, you could still get sued. But at least then, if you get sued and they said it was probably "ok", then at least you have someone that can go to court for you.

- Any "ways around it" advice given in a forum could get you sued. Even if 1000 people tell you it's OK, you could still get sued and have to come up with a lawyer and defend your right to do it.

- Why do you see other people doing it? Here's a good answer that was posted here before:

Original quote by Solmu:

"The usual story:

• Some do whatever they want and wait for the cease and desist letter (and hope the company doesn't skip over it)
• Some can afford lawyers to defend on the basis of parody, etc.
• Some are in the process of getting sued and losing
• Some are in the process of getting sued and winning
• Some are just lucky and not getting caught
• Some are just lucky and not getting caught... yet
• Some will plan to settle out of court
• Some are ignorant of the law and don't realise the world of hurt that is coming
• Some are carefully staying on the right side of the legal divide
• Some are carefully staying on the right side of the legal divide, but will be sued anyway, and unable to afford an adequate legal defense even though what they were doing was theoretically legal.

In other words, some are getting away with it, some aren't."

Endquote

 

[teelover37]

Re: Am I copy writing? legal or illegal!?

thank you,that was very helpful!

 

[kimura-mma]

Re: Am I copy writing? legal or illegal!?

Sorry, but yes, it would be infringement.

By using John Lennon's name and likeness without permission you would be violating his Right of Publicity. And if you use a photo that you didn't take, then you are infringing on the copyright ownership of the image. And if you use the name The Beatles or their logo, you would be infringing on that trademark.

You would need a license to legally design, produce and sell John Lennon and The Beatles t-shirts.

 

[yajkram24]

How about printing starwars image? will darth vader sue me?

 

[kimura-mma]

How about printing starwars image? will darth vader sue me?

Printing anything Star Wars related would infringement for the same reasons listed above. All Star Wars intellectual property is owned by George Lucas and he is notoriously aggressive in taking legal action against infringement.

 

[yajkram24]

Printing anything Star Wars related would infringement for the same reasons listed above. All Star Wars intellectual property is owned by George Lucas and he wis notoriously aggressive in taking legal action against infringement.

thanks. im about to start shirt business here in philippines.

 

[binki]

I want to design and screen print john Lennon and Beatles tee shirts.is that legal? or would i be copy writing infringement?

It depends on where you are using it. The widow of Frank Zappa lost a case in Germany over the use of Zappa's name.

Lexology - Frank Zappa estate fail in infringement proceedings

The estate of the late musician Frank Zappa, headed by his widow Gail Zappa, has failed in recent trade mark infringement proceedings brought in Germany against the organisers of a music festival that pays tribute to the late musician.
The annual festival, known as Zappanale, began life as a small underground festival in East Germany in 1989, but has grown to the extent that in 2008 almost 10,000 fans turned up to celebrate the music of the legend that is Frank Zappa.
The Zappa estate had attempted to claim US$ 150,000 in damages, however, they failed to satisfy the court that the trade mark has been actively used in Germany. Evidence had been submitted to show the trade mark used on a US hosted website that was accessible from Germany. However, this was insufficient for the German court that ruled that the website has not used the trade mark to sell or advertise products for the EU market and consequently the mark had not been used in trade in the European Union.
Use of trade marks on websites and in domain names is an issue often brought before the Courts. It is clear that relying on access to a website to constitute use in that country will not carry much weight and is no substitute for sales or direct advertising in evidencing genuine use of a trade mark in a given territory.

 

[kimura-mma]

It depends on where you are using it. The widow of Frank Zappa lost a case in Germany over the use of Zappa's name.

That doesn't necessarily make it legal. It just means trademark ownership has geographic limitations. But trademark owners can still sue for infringement. And due to the cost of a legal defense, just being sued can be a losing proposition even if you end up winning the case.

 

[Buyatcost]

Re: Am I copy writing? legal or illegal I'm guessing you didn't take the photo in question and aren't proposing to pay to use it, so yes - it would be copyright infringement. On top of that, there's the usual host of trademark and right to publicity intellectual properties issues that would also apply. In short, it's illegal for a number of reasons, ignoring those laws could get you sued, and that could be expensive.

Follow up question. What happens if you own the original John Lennon photograph? Are you able to use the photograph you own to mage shirts or hats?

 

[splathead]

Follow up question. What happens if you own the original John Lennon photograph? Are you able to use the photograph you own to mage shirts or hats?

Not without a licensing agreement with the Lennon estate. They make millions a year licensing his image.

Yoko Ono Appoints Epic Rights Global Licensing Agent For John Lennon | Epic Rights

www.epicrights.com

 

[Buyatcost]

Thanks for the follow up!

 

[mcohen17]

Follow up question. What happens if you own the original John Lennon photograph? Are you able to use the photograph you own to mage shirts or hats?

If you were the photographer and took the picture, and there was no contractual obligation to assign the picture to anyone else, you still would NOT be able use Lennon's image to sell clothing. You probably would be able to use the image in a collection of images of photos you have taken to promote your photography service (and even then the estate might give you a hard time), but not in connection with selling other services or products because the estate would claim you are misappropriating Lennon's right of publicity.