Legal Question in Intellectual Property in California
copyright infringement?
Hi I plan to make t-shirts that bear the images of certain celebrities. In additin to a face and body, the shirts will have either a first name or character name but not the celeb's full name. Do I need to be concerned with any copyright infringements or face any liabilities for doing this. Any info to offer is appreciated.
2 Answers from Attorneys
Re: copyright infringement?
Copyright protects the expression of an idea. You may or may not have to worry about copyright infringement. I would need more facts before I could advise you.
Moreover, California and New York also have laws of "publicity rights", which protect the name, likeness and image of celebrities. Publicity is the area of law which you have to think about.
You need to consult an intellectual property attorney, give him the details regarding your t-shirts, and obtain advice specific to your situation. Feel free to contact me should you require further assistance.
Re: copyright infringement?
i absolutely recommend you not only consult an attorney regarding your commercial venture, but you may want to also look into the benefits of retaining house counsel for your business on a monthly basis to help ensure that your business does not inadvertantly break any laws and remain as lawsuit free as possible on an ongoing basis. however, to answer your question, since you are planning to use celebrity "likeness" to help sell your t-shirts for commercial gain, you could right away be liable for invasion of privacy (misappropriation of someone's image and/or likeness for commercial gain). this is why ongoing house counsel could be ideal for your company and market you are entering. such counsel could give your guidelines and or legal alternatives to help accomplish your goals without breaking any civil and/or criminal laws in the process. if you would like further assistance and/or information on this, feel free to email me directly.