Someone made up a cute Dr. Seuss type rhyme for our particular group. Has a picture of Dr. Seuss with it. We want to create t shirts with this made up saying.
If you are using a picture of Dr. Seuss, you may be liable for violating the right of publicity of Dr. Seuss even if he is deceased.
In addition,, whoever took the picture may have a copyright on the picture.
You should discuss with an intellectual property attorney in a private consultation.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Tencza Jr. cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
A rhyme in his style is ok. Using his image or any character will require permission
If this is a small closely held group the likelihood of a problem is probably very small, but because it is not specifically "personal use" the specter of a problem exists. The more attention you draw increases the chances as well. So if this was going to be promoted online or in the press you run a higher risk.
If you need further clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
The quick response is that it is infringement. Whether you will get cited is dependent on how big your group is and how publicly you wear the shirts.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline