Not sure if I had to specify, but yes this will be for my own personal profit. Thanks.
commercial gain may make much difference. But why don't you try contact each candidate? for all you know they will be more than willing to grant you permission to print and sell them. After all, pre-election is publicity and your shirts will give them free publicity.Not sure if I had to specify, but yes this will be for my own personal profit. Thanks.
Politicians do not give up their right to publicity when they run for office or when elected to office, since your talking about positive slogans for both sides I doubt you'd run into any problems but be aware the potential is there if they would choose to take legal action.The front of each shirt will say the candidates last name, and on the back it will say some sort of positive slogan such as "he's our guy" etc...
I have looked for statutes in maryland and there aren't actually any that acknowledge a right to publicity for anyone, we're one of the few states. Anyhow, by using the names of candidates, as they are either current or former politicians, am I liable for any lawsuits?
Actually, I think the opposite may be true.Politicians do not give up their right to publicity when they run for office or when elected to office
Although you could be right, I'm only quoting what I have read our resident expert Tim (Kimura-mma) say.Actually, I think the opposite may be true.
In the United States, elected officials do not have the same right to publicity as other citizens (at least that's what I remember reading).
However, I also saw this one where Arnold Schwarzenegger sued a company for making bobblehead dolls with his image.Sean T. Masson said:Although politicians rarely bring right of publicity actions, that does not mean they are actually barred from bringing them.
Elected officials give up some of their rights, but certainly not all of them. They can definitely protect how their image is used, especially when it's used for commercial purposes.Actually, I think the opposite may be true.
In the United States, elected officials do not have the same right to publicity as other citizens (at least that's what I remember reading).
Yes! Good find, Rodney. This is exactly the one I was thinking of.
C. Politicians and the Right of Publicity
Although politicians rarely bring right of publicity actions, that does not mean they are actually barred from bringing them. Perhaps one explanation for the infrequency is that “Most politicians just let this kind of thing slide, [. . .] for public relations issues.”[18]
Actually this topic was covered here on TSF awhile back.However, I also saw this one where Arnold Schwarzenegger sued a company for making bobblehead dolls with his image.
The case was "settled", but it probably cost both parties some monies to lawyers, so that should definitely be taken into account:
Schwarzenegger Bobblehead Case: First Amendment or Right of Publicity. FindLa...
I wouldn't assume that to be true. Even corporate veils can be lifted.I am going to press forward and do it anyways, haha, as I have everything under a company name so there will be nothing to come after in terms of my personal finances
I'm definitely not always right...I always learn new things from this place!IYFGraphics said:(On a side note rule #1 of most forums is you never argue with the admin!)![]()
Excellent point, most campaigns do get donated printed shirts by one of their supporters, I guess there's the "general public" to sell to but then again they could get free shirts from the candidate just for asking or being at a rally.My only question is how easy it will it be to find supporters enthusiastic enough that would buy them. The real hard core group are probably volunteers and get freebies from the campaign.
Why not make some interesting designs and try and sell them directly to the campaigns themselves?
You should definitely consult an attorney about this. I'm pretty sure you can be held personally liable for participating in an infringement even if you are acting on behalf of a business entity. Especially if it's a small business and you are one of only a few officers of the company.as I have everything under a company name so there will be nothing to come after in terms of my personal finances.