Using Faces On T-Shirts: Is It Legal?

There are many services that allow you to print a custom image on a t-shirt. However, if you are planning to use someone's face on a t-shirt, there are some legal issues you should be aware of, especially if you plan to sell the t-shirts. Using someone's likeness for monetary gain may be illegal in some places, and you may need to obtain a license or permission from the person whose face you are using.

Copyright infringement

Copyright is a legal right that protects the use of the creator's work once their idea has been physically expressed. For work to be protected by copyright, it needs to be both original and tangible. This means it must be a product of the creator's skill and labour and must have been expressed in a physical form.

Copyright laws differ slightly across different countries. In the US, copyright includes 'works of authorship', which include the following categories: musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works, and motion pictures and other audiovisual works.

Copyright protection usually lasts up to 70 years after the creator's death. After this period, the work is released into the public domain and can be used without infringing copyright laws.

Using someone's face on a T-shirt could potentially infringe on copyright laws, depending on the specific circumstances. If the image of the person's face is an original work of art, such as a painting or photograph, created by someone other than yourself, then you would need the permission of the creator to use it. This is because the creator of the work holds the copyright and has the exclusive right to reproduce and distribute copies of their work.

However, if the image of the person's face is a photograph that you have taken yourself, or a self-portrait created by the subject, then you may have more leeway to use it without infringing on copyright. This is because the copyright would belong to you as the creator of the work, or to the subject of the photograph if they took the photo themselves.

It is important to note that using someone's likeness on merchandise without their permission could potentially violate their publicity rights or right to privacy, even if you are the creator of the image. In the US, the Right of Publicity is a state-based legal right that gives individuals control over the commercial use of their name, image, likeness, or other identifying factors. This means that using someone's face on a T-shirt for commercial purposes without their consent could potentially result in a legal claim for violation of their publicity rights.

Additionally, the subject of the image may have a claim for invasion of privacy if the use of their likeness on merchandise results in intrusion upon their seclusion, public disclosure of private facts, false light, or appropriation of their name or likeness.

Therefore, it is essential to consider both copyright and publicity/privacy rights when using someone's face on a T-shirt to avoid potential legal consequences.

Selling guidelines

• Copyright Law: In the US, copyright law protects 'works of authorship' which include musical works, dramatic works, pictorial, graphic and sculptural works, and motion pictures. Copyright law protects original and tangible works—products of one's own skill and labour that have been expressed in a physical form. It is important to note that copyright laws differ across countries.
• Public Domain: You can print anything on a t-shirt that is under public domain without infringing on copyright laws. Public domain includes artworks whose copyright has expired. For example, Vincent Van Gough's Self-Portrait with a Straw Hat (1887) was released into the public domain by the Met in 2017. There are several public domain websites that list images that can be used for personal and commercial uses, including Wikimedia Commons and Unsplash.
• Fair Use: Fair use is a caveat in copyright law that allows limited and 'transformative' use of copyrighted material for purposes such as commentary, criticism, or parody. However, fair use does not permit the copying of works for commercial use. In most cases, fair use will not apply to merchandise. Even if only a small part of the work is used, it may still be considered a violation if it can be easily recognised as the original work.
• Parody: Some t-shirt merchants claim their designs are a 'parody' of a character or movie, which may be considered fair use. However, this could lead to a lengthy legal battle that you may well lose.
• 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 someone's name and likeness requires their permission or license. One common exception to this is the use of political figures, who are technically allowed to sue for violation of publicity rights but generally do not due to concerns of damaging their reputation.
• Trademark: Trademarks are different from copyrights as they help define a company brand, such as its slogan or logo. To use a trademarked design, you must apply for a trademark.
• Quotes: You cannot use quotes that are physically tangible and have been put down in writing, as these are protected under copyright law. This includes quotes from books, films, TV programmes, songs, or speeches. However, it is generally acceptable to use very general quotes that are not attributed to one person, such as "When you can't find the sunshine, be the sunshine!". Quotes that have expired from copyright and entered the public domain, such as Albert Einstein's "Life is like riding a bicycle, to keep your balance you must keep moving," are also allowed.
• Internet Memes: Most internet memes are based on someone else's image and therefore cannot be used. If you create a parody of the original meme, this may be considered fair use.
• Defamation of Character: Be careful not to print anything too offensive, as you do not want to enter the realm of defamation of character.
• Permission: The only legal way to get around copyright law is to get formal permission from the owner of the copyrighted work. When contacting the copyright owner, be transparent about how you would like to use the image and for what purpose. The copyright holder will likely ask for royalties or fees in return for the rights to reproduce the copyrighted image.
• Consequences of Breaching Copyright Laws: If found guilty of copyright infringement, you may be ordered to pay damages as well as attorney fees and court costs. In some cases, you could even face criminal charges.
• School Policies: If you are creating a t-shirt with the face of a school principal, for example, you may be violating school district policies and opening yourself up to unwanted trouble.
• Legal Advice: It is always best to consult a copyright lawyer or attorney for advice on your specific circumstances.

Customisation options

There are a variety of customisation options available when it comes to putting someone's face on a T-shirt. Many online platforms offer this service, allowing you to upload a personal photo from your computer or mobile device. You can then choose from a range of T-shirt styles, colours, and sizes to suit your preferences.

Some websites offer additional customisation features, such as adding text or other images to the T-shirt design. You can also select from various templates provided by the website to create a more professional-looking product. These templates can be customised further to match your desired style.

It is important to note that when using someone's face on a T-shirt, you should consider any legal implications, especially if you intend to sell the T-shirts. In most states, there are laws prohibiting the use of someone's likeness for monetary gain without their permission. Therefore, it is essential to obtain the necessary permissions or licenses before proceeding with your T-shirt design.

Additionally, you should review the website's shipping options, as some offer standard, rush, or super-rush delivery services. This can be helpful if you need the T-shirts by a specific date or event.

Legal repercussions

Using someone's face on a T-shirt can lead to legal repercussions, primarily concerning copyright infringement and the violation of publicity rights.

Copyright Infringement

Copyright law protects original works by an author, including pictorial or graphic works. Using someone's photograph without their permission and without a valid defence constitutes copyright infringement. This can result in legal action, with the infringing party liable for damages, attorney fees, and court costs.

Violation of Publicity Rights

The use of an individual's likeness and image to promote a product without their consent is prohibited. Selling a T-shirt with a person's face implies an endorsement of the product, violating their publicity rights. This applies to everyone, not just celebrities, and any commercial use is likely to result in legal action.

Defamation

Using an image of an individual, especially if it portrays them in a negative light, could potentially lead to a defamation claim.

Other Considerations

It is important to note that the complexity and variability of copyright law make it difficult to enforce. The likelihood of legal repercussions also depend on the copyright owner's desire to pursue legal action. Additionally, fair use exceptions may apply in certain cases, such as when the copyrighted work is used for criticism, comment, news reporting, teaching, scholarship, or research.

Image editing

There are several websites that allow users to create custom T-shirts with images of their choice. Some sites offer a range of templates and design options, while others allow for a greater degree of customisation, including the ability to upload personal photos.

When using someone's face on a T-shirt, it is important to consider the legal implications, particularly if the T-shirts will be sold. In most states, there are laws that prohibit the use of someone's likeness for monetary gain without their permission. This could result in a claim being made against you by the individual whose image you used.

Additionally, altering the colours of a photograph without permission could be considered copyright infringement, and selling goods with a famous person's name or likeness may be considered an "unfair" business practice, implying false affiliation or endorsement.

It is advisable to seek legal counsel before proceeding with any project that involves using someone's likeness, especially if it is for commercial purposes.

Frequently asked questions