T-shirt Related Copyright Question

[easeupjosh]

What is the name of your state (only U.S. law)? Florida

Hello everyone,

I have been creating t-shirts to sell on zazzle.com. I was wondering if it would be illegal to print a celebrities name on a **** in text-only format. An example would be the following:

Jimi Hendrix is God


Furthermore, is it illegal to take a famous person's quote, such as Nietzsche's "Without Music, Life Would be a mistake" and change it around a little and print it on a shirt for sale?

Any help would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[quincy]

Some names, likenesses and words are okay to use on tee shirts, as they are in the public domain. Others are not okay to use, as they are protected by copyright or trademark.

Most Friedrich Nietzsche material would be safe to use on a tee shirt as Nietzche works are in the public domain. The family of Jimi Hendrix, on the other hand, owns the rights to his name and image and, therefore, you cannot use his name or image without permission from the Hendrix estate without violating the Hendrix trademark rights.

The Hendrix family has successfully sued over the use of his name and image in the recent past, so it would be wise to avoid any unlicensed use.

To make sure you are in safe legal territory, every name, image and any text you wish to use should be checked carefully, to ensure you are not violating anyone's intellectual property or privacy rights which could lead to a lawsuit being filed against you. An IP attorney can assist you, or you can do your own searches.

You can go to www.copyright.gov or www.uspto.gov for information on doing copyright and trademark searches.

Good luck.

 

[easeupjosh]

What if I use the name "Jimi" on the shirt, not his last name? Certainly they couldn't sue me for using his first name only.

 

[quincy]

I would think it highly unlikely that the Hendrix estate would sue over such use, but it cannot be ruled out entirely. Anyone can sue for any reason at all, whether a suit has merit or not. Highly unlikely, in other words, does not mean impossible.

Because "Jimi" is an unusual name, it could potentially be seen to identify Hendrix, just as "Cher" and "Madonna" identify these public figures. But it could be argued as generic, as well, so whether the use of Jimi on a tee shirt could or would spawn a lawsuit is a question I can't answer for you.

Again, the only way to guarantee you will not be sued is to obtain permission. Without permission you take a legal risk, as minimal as the risk may be.