Forums: Discussions for entrepreneurs and small business.

Hello all,

I have recently began making stencils with which I print onto t-shirts and other clothing items.  I like it alot and started considering the possibility of making it more than a hobby.  Here`s my question though: 

A lot of my stencils are made from images of actors or other famous people(ie Johnny Cash, Borat, Bruce Lee, Spock, etc).  Is it illegal for me to sell tshirts that have these images on them?  Also, what if I have a small caption under them that is a famous quote of theirs?

I guess that`s all I was wondering.  I tried searching the web for answers, but came up pretty empty handed, so maybe someone here can help. 

Thanks a lot,

Craig

How ironic, because I just came to this forum (1st post) looking to ask quite a similar question.  Sorry, no answers from me...just a similar question.

Not looking to hi-jack your thread, but I was wondering....if I wanted to produce or publish something...calendars, promotional items, t-shirts, etc...that included "famous quotations", how do I find out if such quotations or famous sayings are in any way copyright protected?

Perhaps if someone has an answer for Craig, they might also be able to help me out as well?

Thanks,

-Steve

There are many issues to consider here, primarily the risk of infringing the individual`s publicity rights.  You may want to take a quick peek at http://memory.loc.gov/ammem/copothr.html to learn more about the complexity of the subject.  At the end of the day, it makes sense to have a lawyer experienced in this area assist you.

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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

Thanks for the link PepperLegal,

Well, it sounds as if what I had in mind would not be okay without consent of the people who`s images are being used.  Maybe I should stick to abstract stencils. ;)

Craig

So, after a bit of browsing, I`m still curious.  How come companies like CafePress.com that have members posting thousands of images that I`m sure are not owned by them, have not had problems??

Craig

Sometimes it is easier to beg for forgiveness then to ask for permission. 

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Travis Tschepen
Hibachi Bros. LLC

--My goal in life is to be as good of a person my dog already thinks I am.--

I think your best option is to document it somehow. Even if it`s not trademarked yet, as lonig as you can prove in court that you used it first, that helps a lot.

People think you HAVE to trademark something or someone can steal it. Not 100% true. You should trademark eventually, but in the meantime, if you dont want to spend the cash to do it, document it!


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My site: www.entreplanet.com

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