Copyright or trademark of an product

[Birddog]

I wish to market t-shirts printed with images of aircraft, automobiles, motorcycles, etc. The art/design work is original and done by me. Do I need permission from the manufacturer of these products to do so? Does it make a difference if the manufacturer's name and/or model designation appear in conjunction with the design?
--Birddog (North Carolina)

 

[racer72]

Yes, you should have permission from the manufacturers to use their images. I work for a large commercial aircraft manufacturer in Seattle and they spend quite of bit of money defending the used of there names and trademarks. The problem with asking for permission is that the companies will also ask for licensing fees. It can range from a few dollars to thousands. The caveat to this is how the image is used. You could sell a t-shirt with a picture of a house with a classic Mustang parked in front no problem. But a t-shirt with a Mustang only would be a no-no. Also consider where the items you produced would be sold. If it was a local deal to sell them at swap meets or a small retailer the odds of being caught is very slim and would most likely generate a cease and desist letter before any legal action would be started. But if you were to go national via print or the internet, the odds of getting caught jumps dramatically and being sued for infringement would also increase. There are small companies and their sole existance is ferreting out folks that violate copyright laws. They collect all the evidence required and are paid handsomely for their efforts. You could see the t-shirts you sell tomorrow as evidence in court a year from now.

 

[Birddog]

Copyright or trademark of a product

Thanks, Racer. That big aircraft company in Washington is probably one that I will be negotiating with. I definitely want to do this above board. The reason for the inquiry was I just received a licensing proposal from a company that wanted $1000 up front, $100 per image, 7.5% commission on gross sales, and 25 sample t-shirts initially and 2 every year thereafter. But the real kicker: $2 million in product liability insurance naming them as an additional insured. Product liability for t-shirts? I have never licensed before so all this seemed excessive. Therefore I thought I would post the question to see if I really need to go through all this. If I may, one last related question: Would licensing also be needed to depict a 747 in silhouette but with no reference to the manufacturer or model-- only a slogan or phrase such as "Jumbo Jetter" or "Official Jumbo Flyers Club?" Thanks.

 

[racer72]

Would licensing also be needed to depict a 747 in silhouette but with no reference to the manufacturer or model-- only a slogan or phrase such as "Jumbo Jetter" or "Official Jumbo Flyers Club?" Thanks.

Probably not.