Use Of A Mugshot Photo

What is the name of your state (only U.S. law)? Michigan
Can I display a mugshot of an individual on an item I'd like to make and sell?
The mugshot has been displayed in the media - TV, newspapers and online. Does anyone own the rights to it?

The answer to both of your questions is "possibly." More facts are needed for a better answer.

If the person gets a bit of notoriety they may have the rights of personality to keep you from exploiting them. I.e, just because Lindsay Lohan has been arrested doesn't mean you can use her mugshot to promote your own stuff.

On the flip side of what FlyingRon said, it is notoriety that just might allow for the use.

It really depends on more facts.



Edit to add: Thanks, mamasan, for editing your post for punctuation. That is a rarity among posters.

Use of Mugshot Photo

FlyingRon said:

If the person gets a bit of notoriety they may have the rights of personality to keep you from exploiting them. I.e, just because Lindsay Lohan has been arrested doesn't mean you can use her mugshot to promote your own stuff.

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The person is quite notorious. There are a lot of images of him in the news. I figure his mugshot does not belong to him, and those who have published it cannot grant me permission to use it.

I want to use the image in question on a tee shirt with a one-word caption. The caption itself is a combination of the person's name and a well known noun. A one-word story, so to speak.

What if I modified the mugshot image by changing it in a way that is still clearly recognizable (as the mugshot) but without literal use of the person's published mugshot image?

The mug-shot issue is not one, quite frankly, that has been definitively decided legally yet. Debates over public records versus privacy rights are continuing. So the legality of your use of an individual's mug shot on a tee-shirt raises a lot of questions but no definitive answers at this point.

Basically what I can tell you is that there is no copyright issue involved. Mug shots are generated by government agencies. In most states, these mug shots are considered part of a public record. They are used for law enforcement purposes but can generally be accessed by the public, through Freedom of Information requests. In a couple of states, the release of a mug shot has been successfully fought against in court on privacy grounds.

The American Bar Association addressed this issue briefly in a Journal article published in August of this year. The article was published in response to questions raised over a couple of Cincinnati women who started a business that centers on old mug shots. The mug shots they used were found online after they were apparently disposed of in the trash by a California police agency. How they found their way from the police agency to an online sale is a bit of a mystery. The mug shots are from the 1950s, have been altered by the women somewhat to disguise, in part, the identities of those appearing in the shots, and these mug shots now appear in a book and on other products created by the women and offered by their company.

While there are privacy rights to consider, and federal agencies will protect mug shots from disclosure and release, state agencies often do not protect the privacy of individuals arrested by keeping mug shots from public access. In fact, many of the agencies have their own websites set up that display these mug shots to the public.

Because this is a rather unsettled area of the law, mamasan, you would probably be wise to have your plans reviewed by an attorney in Michigan before plunging ahead with them, to avoid as much as possible any legal action arising from your uses.

Good luck.

Use Of Mugshot Photo

quincy said:

On the flip side of what FlyingRon said, it is notoriety that just might allow for the use.

It really depends on more facts.



Edit to add: Thanks, mamasan, for editing your post for punctuation. That is a rarity among posters.

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You're welcome quincy! And thank you for the compliment.

Would it make a difference if I created a modified version of the mugshot photo? What if I created an image with enough detail to keep it recognizeable as originating from the mugshot photo, as opposed to a photo from another source?

I think our posts may have crossed, mamasan, and that I already answered your question in my last post?

If not, I can tell you that the women in Cincinnati have established a business doing something quite similar to what you are proposing. They took mug shots and altered the appearance of the mug shots by using a bit of color and by making other minor changes. To my knowledge, no invasion of privacy action has arisen from their use of mug shots from the 1950s. That said, if a mug shot were of a more recent vintage, a suit may be more likely, even if one is filed only to test the legal waters on this issue.

Mug-shot tee-shirts, using recent mug shots, are currently being marketed. There could potentially be an invasion of privacy action or a publicity rights action (that FlyingRon referred to) that could come from the uses. There have already been legal actions taken over arrest sites that display mug shots. That is why I recommend you consult with an attorney.

There will always be some legal risk when you comment on an identified or identifiable person, whether through written review, blog, or on a tee-shirt, because identified people can sue.

Use Of Mugshot Photo

quincy said:

I think our posts may have crossed, mamasan, and that I already answered your question in my last post?

If not, I can tell you that the women in Cincinnati have established a business doing something quite similar to what you are proposing. They took mug shots and altered the appearance of the mug shots by using a bit with color and making other minor changes. To my knowledge, no invasion of privacy action has arisen from their use of mug shots from the 1950s.

That said, if a mug shot were of a more recent vintage, a suit may be more likely, even if one comes only to test the legal waters on this issue. There may be an invasion of privacy action or a publicity rights action (that FlyingRon referred to) that could come from the use of the mug shot. That is why I recommend you consult with an attorney.

There will always be some legal risk when you comment on an identified or identifiable person, whether through written review, blog, or on a tee-shirt, because identified people can sue.

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Yes our posts did cross.

Thank you quincy. You answered all of my questions and your input and recommendations are much appreciated.

Thank you too FlyingRon.

You're welcome.