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Use of Politician Photos

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5.7K views 22 replies 8 participants last post by  roadhooter  
#1 ·
Hey Gang,

I'm obviously a new member here and I want to thank everyone for all the information I have garnered so far. This is a great site.

My question has to do with the use of Politician photos for t-shirts. I have searched here and everywhere else on the web and this is what I have generally come to understand thus far:

1. Without permission you CANNOT use the photo or likeness of a "celebrity" without their explicit permission. So that is out for all intents and purposes.

2. Because Politicians fall into the "public domain" the use of their picture can be used on a t-shirt or other item, as long as there is not an infringement of copyright issues regarding the person that took a particular photo.

Is this generally what everyone would agree with? There are hundreds of political tee's out there with Obama or any number of other politicians, do you all understand these to be legal?

Does anyone know of any limitations, restrictions, or problems associated with altering the photos? In particular if they are not copyrighted and are ok for general use?

Thanks in advance for any help on this.
 
#2 ·
Without permission you CANNOT use the photo or likeness of a "celebrity" without their explicit permission.
Correct!

Because Politicians fall into the "public domain" the use of their picture can be used on a t-shirt or other item
It's not so much that politicians are "public domain." It's that politicians give up their "right to publicity" when they take office.

as long as there is not an infringement of copyright issues regarding the person that took a particular photo.
Correct!

There are hundreds of political tee's out there with Obama or any number of other politicians, do you all understand these to be legal?
They are legal regarding the right to publicity, but I'm sure some are illegal in regards to the photo copyright.

Does anyone know of any limitations, restrictions, or problems associated with altering the photos? In particular if they are not copyrighted and are ok for general use?
If you know for a fact that a photo is ok for general use, then there should be no problems. But if it is a random photo you find on the internet, then there is a good chance the owner does not want you to use it or would want to be compensated for use. In that case, you shouldn't use it without permission.

The only other issue would be defamation. That of course would be illegal.
 
#3 ·
Kimura: Thanks for your quick reply and for the good information.

In regards to your comment:
The only other issue would be defamation. That of course would be illegal.
Any insights on what generally constitutes defamation?

Would altering the size of Barack Obama's ears or George Bush's ears constitute defamation? What about the size of Sarah Palin's hair or eyeglasses?

I'm just throwing ideas out there trying to get an idea of how far one could take the alterations.

Thanks again.
 
#6 ·
I've been wondering the same thing. Seems a while back someone painted obama up like the joker.
Therein lies the question. You CAN pretty much do anything you want, the question is, is it in your best interests LEGALLY?

There are hundreds of political tees out there with the faces, distorted and altered, or not. I would be interested to see if there is any legal ramifications to someone for doing so.

It seems like it is probably pretty safe, but you never know.
 
#8 ·
It's not as if creating defamatory artwork is as explicitly illegal as robbing someone at gunpoint on the street. The latter would be grounds for immediate arrest if seen by a cop. The former would not.

The legalities surrounding defamation lies in the person's right to sue you. But that would require the person to see it. So in reality (as opposed to legality), the issue is in distribution.

If you created the art, printed it on a tee, sold it on your website and got 20 random orders, nothing would probably happen to you.

But if it somehow took off and you sold tens of thousands, then that exposure could get you in trouble. But by that point, maybe you made enough money not to care.

But there is a worst case scenario... in the viral world, you can sell 20 shirts, it can hit facebook, twitter, etc, someone can see it, you get sued and are then in a boatload of trouble because the 20 actual orders you got won't cover your legal fees.
 
#14 ·
2. Because Politicians fall into the "public domain" the use of their picture can be used on a t-shirt or other item, as long as there is not an infringement of copyright issues regarding the person that took a particular photo.
Generally true, but there are exceptions. For example, you can not imply that the politician has endorsed your product.

Governor Arnold Schwarzenegger Wins Another Intellectual Property Case

Publicity rights vary from state to state. And the recognition of this right is relatively new, so the nuances of the laws are often not settled.

As for defamation -- it's pretty hard to defame a politician. And that's not a comment of the character of politicians (although...), it's a reflection of the fact that the First Amendment was put in place specifically to protect political speech. I believe that defamation would require maliciously and knowingly making false statements. And I believe the politician would have to show actual damage. Making Obama look like the joker is not defamation. But you should consult an attorney if there's any question.
 
#19 ·
Some could get a cease and desist, and some could go right to a lawsuit. It really depends on how they want to handle it. I myself got a cease and desist from Gerber for using the word onesie on my website. That is why when ever you question if anything you are doing is legal, its best to get advice from a intellectual property attorney. We can only give advice but our advice does not protect you, and it is not fact :) It is only our interpretation of what we understand. An attorney that specializes in this field is the only way to get accurate information of what you want to do, and your particular designs.
 
#20 ·
From what I've seen, the vast vast majority of times you will get a cease and desist letter first. In fact, if I recall my intellectual property class correctly (and I may not be), a C&D letter is required first prior to the commencement of an action, but that may only be in certain circumstances.
 
#21 ·
Not sure about New York but in CA...a C&D is not necessary before filing suit. Some will file the suit and serve..it is not that expensive and it will sure get your attention...and if you do not respond...guess what?? you are going to be in some kind of trouble. My advice..go to intellectual property attorney and try to avoid getting a C&D letter or suit..
 
#23 ·
In the case of politicians and political figures, I believe it to be open season. Have you seen some of the editorial cartoons over the past few years. Look at how presidents have been warped and deformed in these. I have a few created already that I will be placing on shirts. Think of the great PR if the President wants to sue me for morphing his face.

The person who took the photo may have a case, however.