Legal Question in Intellectual Property in California
Is it illegal to sell unofficial band merchandise? I own a small online hipster jewelry store. I'm constantly getting requests to print band names and/or lyrics from a song on my jewelry. Is their anyway to do that without infringement? none of these bands make jewelry but I doubt I'd be able to get the rights being such a small "company." I see it done all the time but I think people are just hoping they don't get caught. Some people put disclaimers, is that helpful?
3 Answers from Attorneys
You are right to refuse to do this. Tell your customers you'll do it if they bring a permission letter from the band's management or other rights holder.
Some words and slogans might not be copyrighable, and other uses of copyrighted words and slogans might come under the "fair use" doctrine. I'd therefore disagree with Mr. Stone and tell you that short excepts (one line or less) are probab;y not gonna get you in trouble, and if there is any ruffling of feathers, you'll probably get a letter rather than a lawsuit.
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