Public Figures On T-Shirts: Who Can You Print?

Putting a public figure on a T-shirt can be a tricky business, legally speaking. While it may seem like a harmless way to express your admiration for a celebrity, there are a number of copyright and intellectual property laws that you could fall foul of. In short, if a design is copyrighted, you are not allowed to reproduce it or create something similar – only the owner of that design has the right to monetise it. This applies to any written, visual, or verbal content, and can include photos, artwork, logos, names, and pictures of public figures. However, there are some exceptions. For example, it is generally considered fair game to use the likeness of political figures, as they are not able to profit from their position in the same way that a celebrity can. Similarly, royalty-free images and public domain images are usually available for commercial use. It is also worth noting that, while you may be able to find unlicensed merchandise being sold, this does not mean that it is legal to do so, and you could still face legal consequences if you are found to be infringing on someone's intellectual property.

Celebrities' right to publicity

The right of publicity is the right to control the commercial exploitation of a person's name, image, or persona. This right is typically associated with celebrities as their names or images are used to sell products or services. For example, a t-shirt with a picture of Michael Jackson or Madonna on it would be much easier to sell. However, using their image without authorization would infringe on their right of publicity. This right only applies to commercial exploitation, and information uses such as articles or celebrity websites are allowed.

The right of publicity is derived from the right to privacy and aims to prevent the unauthorized use of a person's name or likeness to gain a benefit. It is considered a property right and is designed to protect the commercial value of the image cultivated by a celebrity. This right also prohibits any implication that a person endorses a product without their permission. For example, advertisements that used vocal performances that sounded like singers Tom Waits and Bette Midler were found to violate their right of publicity.

The right of publicity is a matter of state law in the United States, with some states recognizing it in statutes and others establishing common law rights. In California, for instance, the right of publicity is governed by both statute and common law. The statute provides that every person has a right to their name, likeness, voice, photograph, and signature, protecting against their unauthorized use for commercial gain. To violate the statute, the use must be for advertising purposes and result in financial injury, among other requirements.

While the right of publicity protects celebrities from unauthorized exploitation, it also applies to any person whose name or image is used to sell products. For example, a child whose photograph is taken and used to sell toys could claim misappropriation of the right of publicity. Therefore, models or persons used in advertisements or endorsements typically sign consent or release agreements granting permission to use their image.

Copyright law

Understanding Copyright

Copyright protects the intellectual property rights of the owner. It grants them the exclusive legal right to copy, reproduce, distribute, and profit from their work. This applies to written, visual, and verbal content, including T-shirt designs. Using copyrighted material without permission is illegal and can lead to legal consequences.

Public Figures and Right of Publicity

All individuals, famous or not, have the Right of Publicity, which grants them the exclusive right to profit from their name and likeness. Using a public figure's name, image, or likeness on a T-shirt without their permission is illegal and violates their Right of Publicity. This includes celebrities, athletes, and other public figures. However, there is an exception for political figures, as they generally do not sue for violation of publicity rights to avoid damaging their reputation.

Avoiding Copyright Infringement

To avoid copyright infringement when creating T-shirt designs:

• Use your own original designs or collaborate with a professional designer.
• Do not use images, logos, or trademarks of companies, sports teams, schools, universities, organizations, clubs, movies, books, games, bands, or any other copyrighted material without permission.
• Do not use photos, artwork, or caricatures of celebrities, as it involves complicated copyright and publicity rights issues.
• Avoid using viral content, such as Internet memes or YouTube videos, as they may contain copyrighted material.
• Do not use images found on search engines or social media without verifying their copyright status.
• For quotes, avoid using anything from living or recently deceased authors (within 70 years). Stick to public domain quotes, your own thoughts, or common sayings and parodies.

Using Public Domain Content

The public domain contains creative material that is not protected by copyright law and is available for public use. This includes content that has been donated, forfeited, or has expired copyright protection. You can use public domain images, quotes, and other content for your T-shirt designs without worrying about copyright infringement. However, it's important to note that public domain content can still be copyrighted in the future, so always check the source and copyright status before using any material.

Checking for Copyright

To determine if a material is copyrighted, look for the © symbol, watermarks, or notes of ownership. You can also visit the copyright office, browse copyright files, or perform a reverse image search online to find the source and ownership information.

Copyrighting Your Own Designs

If you are creating original T-shirt designs, you can copyright them through the copyright office by submitting an application and paying a fee. This will provide a public record of your proprietorship and help protect your intellectual property rights.

Using photos of public figures

Additionally, public figures have what is known as the "Right of Publicity," which grants them the exclusive right to profit from their name and likeness. This means that using a public figure's image or likeness, such as on a T-shirt, requires their permission or license. This right extends even after their death, with the person's estate holding the rights.

One exception to this is the use of political figures. While they could technically sue for the violation of publicity rights, they often choose not to, as it could damage their reputation. However, this does not mean that using their image is without risk.

It's also important to note that simply modifying an image does not make it legal to use. If someone can be identified in the modified image, it is still illegal to use without the necessary permissions.

To avoid legal issues, it's best to create original designs or use royalty-free or public domain images for your T-shirts. Public domain images are typically not protected by copyright law and are available for public use. However, it's important to note that public domain content can become copyrighted in the future, so always check before using any image.

Using drawings of public figures

One exception to this is the use of political figures. While they can technically sue for the violation of publicity rights, they often choose not to, as it could damage their reputation. Additionally, national symbols, flags, coats of arms, and the likenesses of political figures are not covered under copyright or trademark laws, so they can generally be used without legal repercussions.

If you want to use a drawing of a public figure on a T-shirt, it's important to get permission from the individual or their estate. You can also consider using royalty-free images or images in the public domain, which are available for commercial use. The public domain contains creative material that is not protected by copyright law, including content that has been donated, forfeited, or has expired copyright. However, it's important to note that public domain content can still become copyrighted in the future, so always check the source and any associated licenses or permissions.

Finally, be aware of trademark and copyright laws when creating your T-shirt designs. Do not use logos, names, or pictures of organisations, clubs, sports teams, musical groups, or artists without permission. Understand the difference between copyright and trademark—copyright is given for original creative works, such as paintings, books, movies, and songs, while a trademark is a symbol, term, or name of a business. By following these guidelines, you can create T-shirts with drawings of public figures while staying within legal boundaries.

Using political figures

Using the likeness of a public figure on a T-shirt can be a tricky business, and there are several legal considerations to keep in mind. Firstly, it's important to understand copyright law. Copyright protects the intellectual property rights of the owner, giving them exclusive rights to copy, reproduce, distribute, and profit from their work. This applies to any original creative work, including visual content, and can often extend to an individual's likeness or image.

In the case of T-shirt designs, it is generally illegal to use the image, likeness, or name of a celebrity without their permission. This is because individuals have the exclusive right to profit from their name and likeness, known as the Right of Publicity. Using a celebrity's image without their authorisation would infringe on their publicity rights and could result in legal consequences.

However, there is an exception when it comes to political figures. While it is technically possible for political figures to sue for the violation of publicity rights, they rarely do so out of concern for damaging their reputation. This creates a grey area where the use of political figures on T-shirts may be permissible, especially if the T-shirt is considered political speech, which is protected by the First Amendment in the United States.

Despite this exception, it is important to proceed with caution when using the likeness of a political figure on a T-shirt. It is always best to consult with an intellectual property attorney to ensure you are not infringing on any copyright or publicity rights. Additionally, be mindful of any trademarks or copyrighted images associated with the political figure, as these could still result in legal issues.

To avoid potential legal issues, it is generally recommended to create original designs that do not rely on the likeness of any specific individual. This way, you can avoid the complexities of copyright and publicity rights and focus on expressing your creativity through unique and compelling T-shirt designs.

Frequently asked questions