[kuzz]

So I want to open my own store and sell T-Shirts online of music artists but in my own style stencil/graffiti sort of images (That I have created from scratch myself). But the way I make the image, I use an original photo of the artist and then use a kind of tracing method.

I want to know if I am actually allowed to do this or not due to copyright laws? As I have created the image myself in a totally different style I thought I should be allowed to do this because I am not just taking a photo and printing it on a T-shirt? Then a friend told me that also using famous artists etc to get sales commercially is also not allowed unless you have permission but I am not sure if he is correct and what I am allowed to do and what I am not allowed to. An example of my work is below.

I made this image myself:

http://i142.photobucket.com/albums/r98/kuzz_bucket/Wayne-Psycho.jpg

And I used this image to make it:

http://i142.photobucket.com/albums/r98/kuzz_bucket/waynelilwayneweezy10237.jpg

As much information and guidance on the matter would be appreciated.

Thank you in advance.

 

[kimura-mma]

Since your artwork originates from a copyrighted photograph, it's certainly possible that the copyright owner can take legal action. You can claim that it's a derivative work, but it would be up to a judge to decide who wins. A good example of this is when Shepard Fairey used an AP photo to create his Obama Hope poster.

Your friend is correct regarding the use of famous people. All people have Right of Publicity, which grants them the exclusive right to profit off their own name and likeness on commercial merchandise. So to legally use a person's name or likeness, you would need their permission. And in many cases, to get permission means you may have to negotiate a licensing deal.

 

[kuzz]

Since your artwork originates from a copyrighted photograph, it's certainly possible that the copyright owner can take legal action. You can claim that it's a derivative work, but it would be up to a judge to decide who wins. A good example of this is when Shepard Fairey used an AP photo to create his Obama Hope poster.

Your friend is correct regarding the use of famous people. All people have Right of Publicity, which grants them the exclusive right to profit off their own name and likeness on commercial merchandise. So to legally use a person's name or likeness, you would need their permission. And in many cases, to get permission means you may have to negotiate a licensing deal.

Ah I see. Thank you for all that information. It appears my plans have gone out the window!!

Looks like I'll be the only one wearing my Tees of musical artists.

Thanks again!

 

[kimura-mma]

The laws would still apply even if you just made them for yourself. Risk of being sued is probably much lower. But it's still infringement.

 

[Flagrant-T]

I would say, sure, no problem...as long as you are selling out of a dark alley, have no easily recognizable features or tatoos, and are faster than the cops.

But you are probably better off following Kimurra-MMA's advice above.

Nice job on the artwork, by the way.

-Nick

 

[ryan barker]

i think as a derivative work that's going to be a tough sell to a judge. i do like the design you did, though. i'm all about fair use, but i'd be surprised if this would qualify as derivative as it doesn't doesn't necessarily seem overly 'original' and it doesn't add or express anything different than the original image itself. now, you could add a fu manchu mustache and horns to the most iconic image of obama you can find, and that's likely enough to be derivative. doing a cool artistic outline, imo, doesn't constitute much more than it still being too rote. i could be wrong.

i'm sure that soon enough you'll come across an idea for this method of doing designs that will turn you on just as much... and not land you in a little hot water.

what i've found funny and a bit ironic is when i would go to an amusement park and on the back of the ticket it says that they can take a picture of me, without my knowledge or consent, and use it for any advertising at their discretion. yeah, watch how fast i talk to my lawyer about that if they tried such a thing, lol.

 

[kimura-mma]

Even if you successfully create a derivative, that only helps with the copyright issue. Right of Publicity would still apply.

 

[ryan barker]

true enough.