Legal Question in Intellectual Property in Minnesota

Reuse of Photos

A copyright protects not only an exact duplicate of the work itself, but also prevents someone else from producing a "derivative" work without the permission of the owner of the copyright.

The copyright owner has the power to enforce these rights by a suit in federal court, where the infringer can be made to stop infringing, to pay money damages, and sometimes most painful of all, to pay the attorneys' fees of the owner.

If someone is going to base a business on a particular practice, it is wise to consult with a lawyer at the start and even to request a written opinion advising that the practice does not give rise to liability.

Without a written release from the copyright owner or a valid and binding "hold harmless" on which s/he could justifiably rely, the most prudent course of conduct for someone in the questioner's position would be to get a camera for taking the "mug shots." ;-)

Just say NO to this request

Not only is this a copyright infringement, the use of a sports team photo on a mug - or any goods - is absolute trademark infringement. If there is not a license with the team for use on mugs, this is a slam dunk loser.Joseph R. Dreitler

Copywrite Issues

No release ... DON'T DO IT.

Even by changing the background, the work would be essentailly the sameand you could be a subject of a lawsuit.

If the protographer will not give you the realse, either take the picturesyourself or don't do it...

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Another Way to Achieve your goal

You absolutely cannot scan the photograph and then make minimal changes. But there may be another way.

Most photographers will sell you prints of the proper size, and on the appropriate material (does the mug have an "insert" that goes behind plastic?). Another alternative is to negotiate a royalty with the photographer, for each mug made. An attorney can help you negotiate an agreement that will protect you from liability. If this is not doable, you might consider having the photographer "make" the mugs, and have you buy them from him and mark them up and sell them. If the teams really want the mugs, they can put pressure on the photographer to work with you, or else they will get a different photographer to handle their business in the future.

Good luck in your business endeavor, and please get legal advice if you have any question about what you are doing (I advise you see an attorney and go over your plans, in case there are problems that you are not even aware of).