State - California
I sold one shirt on Etsy for around $15 with the quote “Still I Rise” on it and now Maya Angelou’s company is attempting to fine me $250 for infringement though I’ve already taken the item down from my shop. Maya Angelou’s name was in the description however her image was not nor was the shirt a photo of her. I have not sold this item to anyone in Indiana, yet the lawyer is justifying this claim with the below statement.
Here is an excerpt from the email they’ve sent:
“Indiana’s statute is very clear on this point: “advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities” are not exempted from a right of publicity infringement claim. Ind. Code § 32-36-1-2. There are also state laws that specify that they will apply in regard to any acts that occurred within that state’s borders. For instance, Indiana Code Section 32-36-1-1 explicitly states “This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.” Therefore, products or services sold or advertised through interstate commerce that are available to Indiana residents through the internet would be subject to to Indiana’s statute.”
I have more information on the exact language they’re using but in short - is there any way around me not having to pay this fee? Thanks so much in advance.
I sold one shirt on Etsy for around $15 with the quote “Still I Rise” on it and now Maya Angelou’s company is attempting to fine me $250 for infringement though I’ve already taken the item down from my shop. Maya Angelou’s name was in the description however her image was not nor was the shirt a photo of her. I have not sold this item to anyone in Indiana, yet the lawyer is justifying this claim with the below statement.
Here is an excerpt from the email they’ve sent:
“Indiana’s statute is very clear on this point: “advertising or soliciting purchases of products, merchandise, goods, services, or for promoting commercial activities” are not exempted from a right of publicity infringement claim. Ind. Code § 32-36-1-2. There are also state laws that specify that they will apply in regard to any acts that occurred within that state’s borders. For instance, Indiana Code Section 32-36-1-1 explicitly states “This chapter applies to an act or event that occurs within Indiana, regardless of a personality's domicile, residence, or citizenship.” Therefore, products or services sold or advertised through interstate commerce that are available to Indiana residents through the internet would be subject to to Indiana’s statute.”
I have more information on the exact language they’re using but in short - is there any way around me not having to pay this fee? Thanks so much in advance.