Using Celebrities On T-Shirts: Legal Or Not?

Using a celebrity's image on a T-shirt without their permission is generally not permissible and could lead to legal action. Celebrities can sue for the unauthorised use of their image, as they have the right to exploit the value of their likeness and name. This is known as the 'right of publicity' and it grants them the exclusive right to profit from their name and likeness. This right can also be passed on to the celebrity's estate after their death.

To avoid legal action, you must obtain authorisation from the celebrity or their agent. You will also need to establish ownership of the copyright of the image and negotiate any fees or royalties.

Celebrities' right to publicity

The right of publicity is a right to legal action, designed to protect the names and likenesses of celebrities against unauthorized exploitation for commercial purposes. This right is traditionally associated with celebrities because their names or images are used to sell products or services. For example, it is much easier to sell a t-shirt if there is a picture of a celebrity on it. However, the unauthorized use of a celebrity's image for these purposes would infringe on their right of publicity.

The right of publicity grants all people the exclusive rights to their name and likeness. You cannot legally use someone's likeness on salable merchandise without permission, even if you take the photo. This right also prohibits any implication that a person endorses a product without their permission. For instance, if a celebrity is featured in an advertisement for a product, it could be implied that they endorse the product, and they would have the right to take legal action if they have not given permission.

The right of publicity is not the same as the right to privacy. The right to privacy is designed to guard individuals' personal rights against emotional distress, whereas the right of publicity is a property right, designed to protect the commercial value of the image that a person has cultivated in becoming a celebrity. The right of publicity may extend beyond a celebrity's lifetime and can be passed on to their surviving relatives.

Businesses that use images of celebrities without permission take significant financial risks. Owners lose the money they've invested in celebrity merchandise if celebrities prevail in lawsuits to stop their sale. A court may also order owners to pay celebrities the money they would have received from merchandise sales if they had authorized the use of their image.

Copyright issues

• Right of Publicity: Celebrities have a right to publicity, which grants them exclusive rights to their name and likeness. Using their image or name on merchandise without their permission violates this right, and they can take legal action. This right of publicity also extends to deceased celebrities, with some states allowing celebrities to pass these rights to their surviving relatives or estate handlers.
• Authorization and Licensing: To legally use a celebrity's image on a t-shirt, you must obtain authorization or a license. This usually involves negotiating with the celebrity or their appointed agents to establish the parameters for using their image and any compensation they are entitled to receive.
• Invasion of Privacy: Using a celebrity's image without permission can be considered an invasion of privacy. Celebrities have a right to privacy, which allows them to dispute unwarranted publicity.
• Commercial Value: Celebrities can sue if their image is used without authorization because they have the right to exploit the commercial value of their likeness. If they can prove that their image has significant monetary value, they have a strong case.
• Copyright Ownership: If the celebrity's image is from a movie or commercial, the production company or advertiser may own the copyright to that image. Even if the celebrity is amenable, using the image without the copyright holder's permission would constitute copyright infringement.
• International Considerations: The laws governing privacy and endorsement vary internationally. While the US has strict rules, other countries may have similar laws regarding copyright and false endorsement.
• Artistic Depictions: Using artwork or caricatures of celebrities may seem like a way to avoid legal issues, but it can still lead to complications. The original photographer or the celebrity may hold the copyright to the image, and permission is required to create derivative works.
• Financial Risks: Using celebrity images without authorization carries significant financial risks. If a celebrity prevails in a lawsuit, you may have to pay them the profits you made from the t-shirt sales, in addition to any other financial penalties the court imposes.
• Political Figures: While elected officials are generally subject to public scrutiny, it is still advisable to tread carefully when using their images. Consult legal advice to avoid potential accusations of invasion of privacy or defamation.
• Legal Advice: Given the complexity and variability of state and international laws, it is highly recommended to consult a legal professional specializing in intellectual property and privacy rights before proceeding with any merchandise featuring celebrity images.

In summary, using celebrity images on t-shirts without proper authorization can lead to severe legal and financial consequences. It is essential to respect the rights of celebrities and seek the necessary permissions to ensure compliance with copyright and publicity laws.

The legal risks of using celebrity images without permission

Using celebrity images without permission can lead to legal battles and significant financial risks. Celebrities who claim their right to privacy can sue to prevent the unauthorised use of their name, physical or style characteristics, signatures, or slogans. This is known as the "right of publicity" and is a legal concept that grants individuals the exclusive right to control the commercial use of their name, likeness, or image. It is particularly relevant when a celebrity is falsely represented as having endorsed a product. For example, in 2012, Rihanna successfully sued Topshop on the grounds that using her image without her approval was an act of passing off.

The right of publicity is well-established in the United States, Canada, and much of Europe, including Germany and France. In the United States, the right of publicity is recognised at the state level, with specifics varying from state to state. For instance, in California, the right of publicity does not apply to news or public affairs reporting.

Even if you lawfully purchase an image of a celebrity or if the image is in the public domain, you must still obtain the celebrity's permission before using it for commercial purposes. This is because the purchase of the image only addresses the issue of copyright and does not protect you from legal action on grounds of trademark infringement or passing off.

If a company or individual uses a celebrity's image without permission, they could face legal damages, including lost profits and damages to reputation. Additionally, it can be seen as a sign of disrespect and hurt the company's public image.

How to get permission to use a celebrity image

Printing celebrity images on merchandise without authorization is generally not permissible. Celebrities who claim their right of privacy can sue to prevent businesses from printing their image on T-shirts without permission. Businesses that legally print celebrity images on promotional items usually have contracts that outline the parameters for using those images, along with any compensation the celebrity is entitled to receive.

The right of publicity also limits the use of celebrity images on T-shirts. Celebrities have the right to exploit the value of their likeness as they see fit, so the unauthorized use of a celebrity's image violates his right of publicity. Celebrities who sue companies for using their image without authorization can prevail by proving that their image has commercial value.

Printing images of deceased celebrities on T-shirts without permission may be prohibited if the right of publicity continues following a celebrity's death. For example, in Tennessee, relatives and others who handle Elvis Presley's estate have control over merchandise bearing his name and image.

Celebrities often have agents who oversee the use of their image on merchandise. Business owners need to contact these agents to get authorization to use celebrity images on T-shirts.

• Identify the celebrity's agency: Research and identify the agency or management team that represents the celebrity. They will likely have a website or public contact information.
• Prepare your pitch: Clearly outline your intended use of the celebrity's image, including the type of merchandise, the expected volume of production, and the intended market. It is also essential to highlight how the celebrity's image will benefit your product and any potential mutual benefits.
• Reach out and negotiate: Contact the celebrity's agency and present your pitch. Be prepared to negotiate terms, including any licensing fees or royalties. It is crucial to have a lawyer review any contracts or agreements before finalizing them.
• Finalize the agreement: Once you have reached an agreement with the celebrity's agency, ensure that all necessary contracts and documentation are in place. This may include licensing agreements, usage rights, and any other relevant details.
• Proceed with your product: After securing the necessary permissions and finalizing the agreement, you can proceed with creating and selling your merchandise featuring the celebrity's image, ensuring that you adhere to the terms of the agreement.

Remember, the laws and regulations regarding the use of celebrity images may vary depending on your location. It is always advisable to consult a lawyer to ensure you are complying with the relevant laws and to assess the risks associated with using celebrity images.

The legal differences between using images of celebrities and politicians

Using celebrity images on T-shirts without permission is generally not permissible. Celebrities who claim their right of privacy can sue to prevent businesses from printing their image on T-shirts without permission. The right of publicity also limits the use of celebrity images on T-shirts. Celebrities have the right to exploit the value of their likeness as they see fit, so the unauthorised use of a celebrity's image violates their right of publicity.

Politicians, on the other hand, rarely take legal action against the violation of their right of privacy or publicity. They could take action if they wanted to, but they usually don't. This is due to the potential public backlash they may face. An exception to this is the celebrity/politician crossover, such as Arnold Schwarzenegger, who has taken legal action in the past.

Therefore, the main legal difference between using images of celebrities and politicians is the likelihood of facing a lawsuit. While both groups have the right to privacy and publicity, celebrities are more likely to take legal action to protect these rights.

Frequently asked questions