Legal Question in Intellectual Property in Massachusetts

If I take photographs of graffiti can I sell Tshirts with those photographs printed on them? I took the photographs in Berlin, Germany. However, I am a resident of the United States.


Asked on 1/25/14, 8:37 am

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Formally: the artist's work in Germany would enjoy protection in all of the Berne Convention countries (including the USA) if it satisfies the minimum originality and creativity requirementsl reproduction without a license from the copyright owner would be an infringement. On a practical level, (1) identifying the artist may well be impossible; (2) the artist is highly unlikely to become aware of the infringing T-shirts; (3) you can likely arrive at acceptable licensing terms after the fact if the artist surfaces; and (4) because the works are almost certainly not registered, the artist's remedies in US courts are limited to actual damages and injunctive relief.

Best wishes,

LDWG

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Answered on 1/26/14, 7:17 am


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