Discussion:
What is the name of your state?What is the name of your state? Michigan
Hello. I'm hoping you can help me with an argument I've been having with someone. I am a clothing designer and I sell dresses, skirts, and tops made from pre-existing t-shirts. Many of the t-shirts have band logos or other presumably copyrighted works printed on them.
I am being told (by someone who is by no means a legal expert) that this is copyright infringement and illegal. I don't see how this is the case, as I don't claim the artwork to be my own, and I'm not reproducing the artwork.
Assuming the t-shirts I purchase are licensed, isn't this legal? If not, how is it different than reselling unaltered shirts?
Thank you in advance for any light you can shed on this argument.
Answer:
What is the name of your state?What is the name of your state? Michigan
Hello. I'm hoping you can help me with an argument I've been having with someone. I am a clothing designer and I sell dresses, skirts, and tops made from pre-existing t-shirts. Many of the t-shirts have band logos or other presumably copyrighted works printed on them.
I am being told (by someone who is by no means a legal expert) that this is copyright infringement and illegal. I don't see how this is the case, as I don't claim the artwork to be my own, and I'm not reproducing the artwork.
Assuming the t-shirts I purchase are licensed, isn't this legal? If not, how is it different than reselling unaltered shirts?
Thank you in advance for any light you can shed on this argument. If you are purchasing licensed shirts top make your clothes, there is no copyright infringement -- you are protected by the "first sale" doctrine, which basically means that the copyright holder "exhausts" many of the rights to a particular shirt when you buy that shirt. However, first sael or not, you may not reproduce the shirts without permission -- but you can cut them up and resell them all day long.
There could still potentially be a trademark issue -- for example, if U2 has a licensed T-shirt, you buy it, make a skirt of it, and try to sell the skirt as a "U2 skirt," that potentially could infringe on the U2 trademark.
Answer:
thank you!!!!