OK, I've scoured the nets and still don't seem to be satisfied by any answer yet. I want to use the black and white clip art of Jimi Hendrix on a shirt. I know that his estate is the one most noted for defense of Right of Publicity yet I keep finding the clip art listed as public domain.Everything else seems to be copyrighted. I do plan on altering it slightly with one of my own designs which will obscure his image a bit. Am I within my rights or should I just move along with something else?
Public Domain Clip Art?
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Move along with something else.
Public domain only refers to the copyright of the image. It does not void the publicity rights of the person involved.
So for instance, I can create an image of Derek Jeter and release it to the public domain allowing anyone and everyone to use my image. But that doesn't mean that Derek Jeter allowed me or anyone else to use his name or likeness. And if the Yankees logo and uniform are recognizable in the image, it would require additional licenses from MLB or the Yankees to use those marks.
Public domain only refers to the copyright of the image. It does not void the publicity rights of the person involved.
So for instance, I can create an image of Derek Jeter and release it to the public domain allowing anyone and everyone to use my image. But that doesn't mean that Derek Jeter allowed me or anyone else to use his name or likeness. And if the Yankees logo and uniform are recognizable in the image, it would require additional licenses from MLB or the Yankees to use those marks.
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there's a load of copyright violating material out there too. a lot of the people doing it just might not be getting caught, but i've seen screenshots and quotes from movies at one site i'm quite positive didn't buy a license for.
as someone mentioned in another thread about a similar issue, even if you take a famous photo, say of a president, and print it, there's a chance you could get sued for using their likeness without their permission, even if you made a cartoon parody fropm scratch.
you might get away with it, but why risk it?
if you really want to use jimi, why not try and buy a license from his estate? it might be insanely expensive though.
as someone mentioned in another thread about a similar issue, even if you take a famous photo, say of a president, and print it, there's a chance you could get sued for using their likeness without their permission, even if you made a cartoon parody fropm scratch.
you might get away with it, but why risk it?
if you really want to use jimi, why not try and buy a license from his estate? it might be insanely expensive though.
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