If we made a shirt with the face of an athelete (After he said we could) can his Agent come after us for money??

About 4 weeks ago Owen Schmitt of the Seattle Seahawks bloodied his head as he came out of the tunnel for team introductions. During pre game warm ups I had given him a shirt that I asked him if i could print up that reads Schmitt Happens, Manure Occurs. He Loved the shirt!!! After his helmet to head banging incident the Announcers on TV were talking about the head bashing and made quite a deal about it. The next night . I asked him if I could make "Another" shirt but this time could I use his "Bloody Face" image that was posted All Over the Internet. He said "Go Ahead", what is it going to say?? He asked. I said "Get Schmitt Faced"!! He said heck yeah great idea.We made the shirts and they got popular now his Agent wants MONEY? We donated $3,500 to his charity.I have witnesses? Help me!
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Answers (2)

Shawn B Alexander

Shawn B Alexander

Contributor Level 8
If you used his image and made money on you may be held liable. The verbal permission will be hard to prove.
Good luck
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Kaiser Wahab

Kaiser Wahab

Contributor Level 6
Unfortunately, you are dealing with a property right in that Schmitt's face is likely covered by the right of publicity. Though I do no practice in WA, there is likely some form of that right there. And that right essentially allows one to control (and profit from) commercial uses of their image. Although you got the verbal ok from him, to make this a real profit enterprise you would really need some kind of license/release from him as a foundation. Also, the agent should be told of Schmtt's oral OK and a release agreement should be drawn up. However, if the agent is just being greedy, without Schmitt to vouch for the arrangement, you are on shaky ground.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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