Licensing...

[help-please]

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

I've seen many t-shirts, bumper stickers, etc. with the names and photos of public figures on them. Can this be done legally without the typical licensing required for celebrities, cartoon characters, sports teams, etc.?

Thanks, John

 

[quincy]

This cannot be done legally, no.

But, if you are referring to a public figure like Obama, say, and the use of his image on a bumper sticker or tee-shirt, he will not want to take you to court over the use - although he could because he has the publicity rights to both his name and image, and they are valuable commodities right now.

One reason for a public figure like Obama not to sue over the use of his name or image is that he doesn't mind the free publicity. A public figure, especially one running for a public office, pays a lot to get his name out before the public. Another reason is that it would not be financially worthwhile for most public figures to track down infringers and take them to court. And another reason is that public figures like Obama have better things to do with their time than to worry about tee-shirts and bumper stickers.

However, if someone were to use a photo of a public figure on a tee-shirt or bumper sticker, the public figure may not sue you over the publicity rights that come with his name or image, but the photographer may sue you over the use of his copyrighted photo. For photographs (or when using any copyrighted or trademarked work) you would need to get permission (a license) prior to use.

The names and images of sports figures and movie stars and sports teams and cartoon characters provide the owner of the rights (publicity rights, copyrights, trademark rights) with a lot of income, and that is why these rights are generally protected so vigorously.

 

[help-please]

Thanks, Quincy...

The public figure I was interested in marketing is the controversial Arizona sheriff, Joe Arpaio.

I see random sales of t-shirts and misc product using both his name and image... I know it is not licensed.

I'd thought that much like government posted content is considered public domain... that he may not be able to brand himself.

I appreciate your feedback.

John

 

[seniorjudge]

Public figures and public officials are pretty much fair game...and that is the way it should be.

 

[quincy]

Just because someone is a public figure does not mean that public figure has given up the publicity rights to his name and likeness. Public figure does not equal public domain. Many public figures trade handsomely off their names once they retire from public service (and sometimes, with a public figure like Arnold Schwartzenager, even before).

Arnold Schwartzenager sued over bobble-head dolls made with his likeness, for instance, as they infringed on his publicity rights. His attorneys said that his image is protected and valuable. Most public figures won't sue, however. It makes for bad press. The same bobble-head doll maker who was sued by Schwartzenager also made Hillary Clinton and other famous public figure dolls for years with no problem.

So, it really depends on how litigious the public figure is (and possibly on whether he is running for election or re-election ).

Making parodies of public figures (on tee-shirts, or coffee mugs, or bumper stickers, or whatever), if they are good parodies, are generally considered a fair use and not actionable (although nothing really prevents a lawsuit from being filed). Anything defamatory or obscene needs to be avoided.

As for marketing Sheriff Joe Arpaio merchandise, you can run your ideas by an attorney in your area, to see what sort of risk he/she thinks you are taking. And there is always a risk when you are using someone else's name and likeness without permission and for profit.