Discussion:
What is the name of your state? FL
I live in the US, but the site in question is located in the UK...
I realize law is practiced differently between countries, but I can't imagine this is legal in the UK either.
Please visit - you'll understand immediately:
These guys print t-shirts using faces from a variety of celebrities with their name undertneath...authors, musicians, etc.
They have a few full blown "band name" t-shirts, but mostly individuals.
From my research this infringes on the celebrities "right to publicity"...
but then logic kicks in and says "what about The Weekly Star and all the other rags that use celebrities to sell magazines?"
So which is it?
In what legal capacity can a celebrities image be used...
and is DJTees.com a sound business model to develop in the United States?
I can't seem to find any specific info on this topic.
Thanks for any advice,
Jay
Answer:
As long as the t-shirts are made without making it appear that these celebrities are endorsing the product, I don't believe there'd be anything wrong with opening such a business in the US.
Keep in mind, however, that if you did start such a business and were taken to court, even if you won, the lawsuit would still be quite costly. Money is something celebrities can throw away; I doubt you're in a similar situation.
As for these UK people, if a celebrity wished to sue them, then would have to go to the UK and use them through the UK's legal system.
Answer:
Thank you for that bit of advice...makes sense.
But exactly how would it be ok?
I mean, these shirts aren't parody or truth...they're just using a public face/name to sell merchandise.
So I have to question in what capacity I could claim these are legal.
What legal capacity does "The Enquirer" magazine argue with?
Alternately, what if I were to include a quote from that particluar celebrity printed underneath their image...does that change anything?
I just like the idea, and I see DJTees is very successful...they run a VERY large operation.
They've been online for many, many years now...I've watched them grow.
I'm just surprised they're still online, which is why I'm here.
It's a lot of work to build something like this, I would hate to run into trouble.
By having a lawyer on hand, is it more likely that suits could be quickly settled out of court?
Or does history show that most lawsuits in this realm result in heavyhanded courtroom battles?
Any idea of the ballpark figures for infringements on this level?
Legal expenses, general settlement figures, etc.
I know there are no hard-and-fast rules in IP law...
but having an general understanding of costs could justify the risk.
A t-shirt business of that stature could very easily bring in 15K+ a month,
dealing with cease&desist/settlements could be an viable option...if my IP lawyer was skilled at negotiating settlements.
Anyway, I appreciate any insights given...
I may be in the market for a lawyer sooner than later.
Thx
Answer:
Go see a lawyer. Rights of publicity are state law rights, and vary from state to state. You will want to work with a lawyer to make sure you don't run afoul of the laws of any state in which you sell t-shirts.