Can I create and sell t-shirts with sport figure images without violating PA and federal intellectual property laws
Stroudsburg, PA
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Posted about 1 year ago in Intellectual Property
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selling merchandise with images of public figures:
Can I create and sell tee shirts with images of various sports figures on them? If not, is there someplace i can go to buy the rights to these images?
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Answers (2)Daniel Nathan Ballard
This attorney is licensed in California.
Posted about 1 year ago.
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You need to deal with at least two issues before selling any such tee shirts: (1) acquiring the rights to reproduce the photographs and (2) acquiring the right from the athlete to encroach upon his or her "right of publicity."
As to the first, you need to need to determine who owns the copyright in the photograph. The general rule is that whoever took the photograph owns the copyright in that photograph. However, photographers employed by (or on contract with) magazines such as Sports Illustrated are most often obligated to assign (i.e., convey or sell) the copyright in their photographs to the magazine (or newspaper or photography company) that paid them to take it. Many times the photograph will be labeled with a copyright notice that states who claims copyright in the photograph. You need to contact that person or entity and request a license to reproduce it. As to the second, everyone (not just famous people) normally has the exclusive right to exploit their own identity for commercial gain. This right comes from state law and its scope varies depending on whichever state law applies. In short, sports figures own the exclusive right to exploit their name and likeness and many make a substantial amount of money by taking advantage of that right (product endorsements, etc.). You would need to contact the agent that handles the athletes' business dealings and seek a license to use those persons' likeness to sell the tee shirt. A directory of sports agents can be found at http://www.sports-agent-directory.com/ and a blog about sports agents at http://www.sportsagentblog.com/ Barry Neil Shrum
This attorney is licensed in Pennsylvania and 2 other states.
Posted 11 months ago.
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I agree with Daniel's analysis, but would add a couple of observations. First, it is unclear from your question whether you meant "photographic" images, or just drawings. If you mean photographic images, Daniels analysis is entirely correct - the photographer owns the copyright in the photographic. If you intend to use artistically recreated images, you have a different set of issues and perhaps an entirely different answer. You most likely would not need permission from the sports figure to distribute an artistic rendering of him or her. That raises a second observation that Daniel did not point out - for purposes of team logos and trademarks, i.e., the Tennessee Titans or their Flaming T, you could deal directly with the NFL to license usages for these intellectual properties rather than dealing individually with the various sports agents.
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