Discussion:
What is the name of your state? cal
hi all,
i was wondering if I take a photo of a celebrity or a person on the street and then use the photo t shirts without their permisson, is that legal?
photographers take photos of people all the time and then there printed in newspapers and mags without the persons permission, does the same apply for t shirts?
do you remember when madonna came out on some award show wearing a t shirt with britney spears face on it. i dont think britney knew anything about that until she seen it. there are many t shirts out there with sports celebs on them and pop stars etc. we all seen the different bob marley tees. im pretty sure that the printers did not get permission to use his face on a tee.
any thoughts welcome
Answer:
What is the name of your state? cal
hi all,
i was wondering if I take a photo of a celebrity or a person on the street and then use the photo t shirts without their permisson, is that legal?
photographers take photos of people all the time and then there printed in newspapers and mags without the persons permission, does the same apply for t shirts?
do you remember when madonna came out on some award show wearing a t shirt with britney spears face on it. i dont think britney knew anything about that until she seen it. there are many t shirts out there with sports celebs on them and pop stars etc. we all seen the different bob marley tees. im pretty sure that the printers did not get permission to use his face on a tee.
any thoughts welcome Since you already presented your 'arguments' in your post, go ahead and print and sell. Just be sure to put aside 90% of every sale for the lawsuit(s).
CA Civil Code:
3344. (a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or parties are required to present proof only of the gross revenue attributable to such use, and the person who violated this section is required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.
Also:
And read part II at:
Answer:
cal
thanks for the advice, interesting. do you know if the same applies if someone designs a caricature of a celeb and then uses that? do they not own the copyright of the design?
cheers
Answer:
cal
thanks for the advice, interesting. do you know if the same applies if someone designs a caricature of a celeb and then uses that? do they not own the copyright of the design?
cheers This would depend on whether or not the caricature was a legitimate parody, or just a way around the code sections quoted above.
As far as owning the copyright to the design, sure, you would own the copyright, but that doesn't mean that is would necessarily be legal to use.
Answer:
ya i agree. i heard that you can use a caricature as a satire and use it, have you knowledge of same?
Answer:
ya i agree. i heard that you can use a caricature as a satire and use it, have you knowledge of same?
**A: yes he does.
Answer:
ya i agree. i heard that you can use a caricature as a satire and use it, have you knowledge of same? Unfortnately, there is no "bright line" that separates a legitimate (and therefore legal) parody from an illegal use -- it's a gray area, a sliding scale. In general, though, if you are using the celebrity's image to poke fun or make an ironic remark about that particular celebrity, it's probably a legal parody. The only way to know for sure is to take your artwork down to a local attorney, who can review all of the facts and advise you accordingly.