Any way to use image without express permission?

[dharmon]

Texas

So here is my predicament: I want to take an image from a TV show and use it to have a t-shirt made for myself. While I have found some stores that sell merchandise related to this show, none of them use the actual artwork that I am interested in, which is why I wish to make my own. However, I have been unable to get into contact with anybody who could give me permission to use the image. I emailed the original production studio in Japan in both English and Japanese (though that was using Google translate, so I can't guarantee its reliability), I emailed the American distributor, and I emailed the parent company of the American distributor, all 3 multiple times. In the emails, I clearly identified myself, explained my intentions, and provided a copy of the specific image I wanted to use. It has been over 2 months since I first contacted these 3 organizations, and I have not received any kind of response from any of them.

My suspicion is that copyright law would prohibit me from using the image no matter what, but I read something interesting on Stanford's law website. According to the professor behind the article, if an interested party makes a good faith effort to retrieve permission to use a copyrighted work but is unable to reach anybody, then it might be considered fair use. Is there anything to that, or am I just screwed? If the former, how much would I need to do to qualify as a "good faith effort"?

 

[quincy]

Texas

So here is my predicament: I want to take an image from a TV show and use it to have a t-shirt made for myself. While I have found some stores that sell merchandise related to this show, none of them use the actual artwork that I am interested in, which is why I wish to make my own. However, I have been unable to get into contact with anybody who could give me permission to use the image. I emailed the original production studio in Japan in both English and Japanese (though that was using Google translate, so I can't guarantee its reliability), I emailed the American distributor, and I emailed the parent company of the American distributor, all 3 multiple times. In the emails, I clearly identified myself, explained my intentions, and provided a copy of the specific image I wanted to use. It has been over 2 months since I first contacted these 3 organizations, and I have not received any kind of response from any of them.

My suspicion is that copyright law would prohibit me from using the image no matter what, but I read something interesting on Stanford's law website. According to the professor behind the article, if an interested party makes a good faith effort to retrieve permission to use a copyrighted work but is unable to reach anybody, then it might be considered fair use. Is there anything to that, or am I just screwed? If the former, how much would I need to do to qualify as a "good faith effort"?

Being unable to reach a copyright holder to get permission to use their copyrighted work does not mean you can use their copyrighted work. Using a copyrighted work for a commercial venture without permission from the copyright holder is infringement.

If you cannot acquire permission from the copyright holder, you should not use the copyrighted work.

There is no amount of "good faith effort" that will prevent you from being sued.

 

[Taxing Matters]

My suspicion is that copyright law would prohibit me from using the image no matter what, but I read something interesting on Stanford's law website. According to the professor behind the article, if an interested party makes a good faith effort to retrieve permission to use a copyrighted work but is unable to reach anybody, then it might be considered fair use. Is there anything to that, or am I just screwed? If the former, how much would I need to do to qualify as a "good faith effort"?

This is not a situation in which you cannot identify who the owner of the copyright is. This is a situation where you contacted the people likely have the copyright and they are just not responding to you. When you contact people for permission to do something and they don’t give an answer back, then you don’t have permission. It’s no different than had they said no.

 

[quincy]

... but I read something interesting on Stanford's law website. According to the professor behind the article, if an interested party makes a good faith effort to retrieve permission to use a copyrighted work but is unable to reach anybody, then it might be considered fair use. Is there anything to that, or am I just screwed? If the former, how much would I need to do to qualify as a "good faith effort"?

I think you might have misunderstood what the Stanford site article was talking about. The article was referring to "orphan works," which are copyrighted works owned by hard-to-find owners. These works have not lost their copyright protection. If you use an orphaned work without owner-authorization, you risk a lawsuit.

It would not be a "fair use" of the material without a determination by a court that it is a fair use. Fair use is an affirmative defense to a copyright infringement claim, not permission to use the copyrighted work.

The Copyright Act carved out a few exceptions for uses without permission. The fair use doctrine can allow for unauthorized uses of copyrighted material if the use is for the purpose of news reporting, teaching, criticism of or comment on the work, or as part of a research or scholarship project.

But these exceptions have limitations. Considered by a court when deciding if a fair use defense defeats an infringement claim are four main factors - the purpose and character of the use, the nature of the work, the amount and substantiality of the portion used in relation to the whole of the work, and the effect of the use upon the market for or value of the original work.

Unauthorized uses for commercial purposes are rarely found to be a fair use of another's copyrighted material.

I recommend you continue to seek permission and, if permission is not granted, do not use the material.

Good luck.