Movie posters that are in "public domain" printed on t-shirts

[Saulevas]

Hello. I have recently learned that most (not all) movie posters that were published before 1960 are now in public domain, meaning they are not copyrighted anymore and can be used for commercial purposes. Now, I'd like to print some of these posters on t-shirts and have them sold online. What I figured out is that even if the poster itself is not copyrighted anymore, the rights to the movie (name of the movie, character likeness etc.) might still belong to someone or some company. My question: could I still get in legal trouble selling such t-shirts online even if the poster itself is not copyrighted?

 

[Zigner]

Hello. I have recently learned that most (not all) movie posters that were published before 1960 are now in public domain, meaning they are not copyrighted anymore and can be used for commercial purposes. Now, I'd like to print some of these posters on t-shirts and have them sold online. What I figured out is that even if the poster itself is not copyrighted anymore, the rights to the movie (name of the movie, character likeness etc.) might still belong to someone or some company. My question: could I still get in legal trouble selling such t-shirts online even if the poster itself is not copyrighted?

Sorry, this forum is for US law only.

But, yes, you can still get "in trouble" even if the poster itself isn't copyrighted.

 

[Saulevas]

As I plan to sell these t-shirts in US through online store, I think US law applies to my situation. So, could I get in trouble due to the movie itself being copyrighted or because of other things?

 

[Zigner]

As I plan to sell these t-shirts in US through online store, I think US law applies to my situation. So, could I get in trouble due to the movie itself being copyrighted or because of other things?

Yep .

 

[quincy]

Hello. I have recently learned that most (not all) movie posters that were published before 1960 are now in public domain, meaning they are not copyrighted anymore and can be used for commercial purposes. Now, I'd like to print some of these posters on t-shirts and have them sold online. What I figured out is that even if the poster itself is not copyrighted anymore, the rights to the movie (name of the movie, character likeness etc.) might still belong to someone or some company. My question: could I still get in legal trouble selling such t-shirts online even if the poster itself is not copyrighted?

Saulevas, in what country do you reside? It will be under your country's laws that you will be sued if you infringe on a rights-holder's rights.

What you have learned about copyrights in movie posters is correct as far as it goes. Many of the posters published before 1963 are now in the public domain - but many others had their copyrights renewed.

In addition, many of the posters that are in the public domain now have new copyrights that must be considered. For example, if a poster was originally printed in black-and-white, a new copyright could have been registered on a colorized-version of the poster. While the black-and-white poster that is in the public domain could be used without a copyright problem, to use the colorized version would require permission from the new copyright holder.

So, you would need to know the current status of the copyright in the poster before proceeding with your plans for creating tee-shirts.

Copyrights are not all that need to be considered, however, when considering using public domain works in a commercial manner. There are also estate rights/publicity rights that can exist as well as trademark rights. For example, images of Charlie Chaplin are rights-protected and Disney images are rights-protected (or, if used, can result in a lawsuit).

An investigation into the rights that may still remain in the work must be done prior to use to keep your business as lawsuit-free as any business can possibly be.

What Zigner said, in other words, is what I am saying, but I used more words. Yes, you can "get in legal trouble" if your search for all existing rights in the posters you intend to use is not a thorough one. Consulting with an IP attorney in your area prior to printing and selling your tee shirts can be a smart investment. Nothing can put an end to a beginning commercial venture quite like a costly lawsuit.

Good luck.

 

[Saulevas]

Quincy, thank you for your comprehensive explanation. It makes my case much more clear now While waiting for a reply on this forum I started digging through public domain movie databases checking if the film a poster of which isn't copyrighted is also in public domain and can be used commercially. So many of them are. However I came across this great looking poster of King Kong (1933) movie which is in public domain. I figured that there's no way the rights to King Kong doesn't beling to anyone or any company. I was right - Warner Bros owns the rights to King Kong. I contacted them and they were kind enough to explain to me how licensing works in that particular case. As for the non-copyrighted posters of non-copyrighted movies (assuming no other rights are preventing them from being used commercially) : these posters have names of actors on them - could this get me in trouble?

 

[quincy]

Quincy, thank you for your comprehensive explanation. It makes my case much more clear now While waiting for a reply on this forum I started digging through public domain movie databases checking if the film a poster of which isn't copyrighted is also in public domain and can be used commercially. So many of them are. However I came across this great looking poster of King Kong (1933) movie which is in public domain. I figured that there's no way the rights to King Kong doesn't beling to anyone or any company. I was right - Warner Bros owns the rights to King Kong. I contacted them and they were kind enough to explain to me how licensing works in that particular case. As for the non-copyrighted posters of non-copyrighted movies (assuming no other rights are preventing them from being used commercially) : these posters have names of actors on them - could this get me in trouble?

Using the names of actors can be problematic. If the actor is still alive, using the actor's name in a commercial way can infringe on the privacy and publicity rights of the actor. If the actor is no longer living, using the actor's name in a commercial way can infringe on rights held by the estate of the actor.

Essentially what you need to determine before using any movie poster is if there are any copyrights, trademark rights, privacy rights or publicity/personality rights that exist in the poster and for which permission needs to be granted prior to use. This can be quite the task.

A 1933 poster, by the way, would not normally be in the public domain in the US unless the copyrights in the poster were not renewed. Works published between 1923 and 1963 needed to have their copyrights renewed to keep them from falling into the public domain - but many of these works did have their copyrights renewed. Also, some foreign works that were at one time in the public domain in the US had their copyrights restored.

You are generally safest looking at the originals of works published before 1923 (although some of these works have been modified and the modified versions are copyright-protected) but, again, an investigation into all rights that might attach to the work needs to be done.

You are smart to be researching the status of the posters prior to using them on your tee-shirts. Good luck.

 

[Saulevas]

Thank you very much for taking time to answer my question. I'm doing the research at the moment.

Thanks.

 

[quincy]

Thank you very much for taking time to answer my question. I'm doing the research at the moment.

Thanks.

You're welcome, Saulevas. Thank you for the thanks.

Good luck with your research and your tee-shirt business.