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For instance, sites such as http://www.cincyshirts.com http://www.choplanta.com http://www.cubbytees.com/index.html and so on use well known player names, imagery, colors, etc. on their own designs. In some cases, they use images of players or locations. How is that considered fair use and how do they avoid legal issues with the incredibly contentious MLB? They aren;t necessarily parody, so what workaround do they use? Gracias!
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Jan 3, 2015 03:32
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Parody. Those are all 'humor' sites, and thus can get away with a certain amount of copyright use that would otherwise be infringement because they are applying irony and/or satire to comment on the subject. Parody is protected as an avenue of Fair Use under US Code.
Liquid Communism fucked around with this message at 08:57 on Jan 3, 2015 |
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Jan 3, 2015 08:55
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For to-order stuff you sign a form and lie and pretend you have the rights to use the images, in this case, same as Kinkos
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Jan 3, 2015 14:08
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I have a concept, some ideas and a domain - I just don't want to invest time and money just to get sued by some player with no sense of humor. Thus the LLC concept, I reckon.
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Jan 3, 2015 17:16
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This Barves shirt goes the wrong way in MLB's eyes, probably because that's an actual Braves shirt that just flips two letters. The more original artwork and design involved, the better.
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Jan 3, 2015 17:35
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To me, that one is clearly parody, but it is absolutely over the line design-wise. That said, everyone down here in Barves country knows the difference. These however, seem like they might be using public images too much? Then again, they might very well have deals worked out with Pete and Johnny. http://www.cincyshirts.com/index.php/cincyshirts/every-day-hustle-pete-rose-shirt.html http://www.cincyshirts.com/index.php/cincyshirts/catalogsearch/result/?q=Bench&x=0&y=0
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Jan 4, 2015 02:57
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I looked at the cincyshirts site, as i'm a Reds fan. Far as i can tell, there is nothing on their shirts that's copyrighted or trademarked whatever. I see no team logos or names or anything so i guess their doing nothing wrong?
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Jan 4, 2015 06:27
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Maybe I'm just naive. It just seems like printing out a shirt with a picture of a player seems like its infringing on someone, somewhere. Regardless, thanks for the comments all. If anyone wants to kick in suggestions about places that offer high quality shirts with decent pricing for small batches, feel free.
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Jan 5, 2015 17:18
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The jokes don't have to be good, just so long as people go "oh, that's a funny joke", rather than "wow, that looks like totally real merchandise!".
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Jan 6, 2015 23:40
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A lot of tshirt companies usually don't even care that much about copyright laws. Hot-topic is known for frequently selling straight copy-pastes of artists' works without paying or informing them.
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Jan 7, 2015 18:28
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Megaspel posted:A lot of tshirt companies usually don't even care that much about copyright laws. Hot-topic is known for frequently selling straight copy-pastes of artists' works without paying or informing them. Generally they do this with fanartists, who aren't in a position to try and push intellectual property charges because they don't own the rights to the original property and Hot Topic has licensed the t-shirt rights of it anyway. It's still lovely, but it's legally lovely.
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Jan 10, 2015 04:07
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So showing an image of a player is legal? You don't have to have the player (or MLB/NBA/NFL/etc) sign off on it? Does it matter if they are current or retired? I've toyed around with the same idea as the OP, but haven't pursued it for the same reason. I found this: quote:All celebrities are afforded statutory protection which gives them a right of publicity. In other words, it is unlawful to use another person’s likeness for commercial advantage without permission. By selling T-Shirts depicting celebrity images, without permission, we would be clearly violating the law, and as such, have no interest in accepting submissions that utilize celebrity likenesses. It seems like this means any use of a players likeness is illegal. Am I wrong? I feel like a lot of these tshirt designs are definitely copyright infringement, and the creators are just hoping they aren't sued. Also, say you create a "parody" image... what stops someone from stealing that from you? What steps would you have to take to own the image legally? This website (http://store.theforestlab.com/)seems like 90% of it would be copyright infringement. They have the Breaking Bad logo, several celebrities (living and dead), etc. RCarr fucked around with this message at 00:05 on Mar 31, 2015 |
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Mar 30, 2015 17:25
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Liquid Communism posted:Generally they do this with fanartists, who aren't in a position to try and push intellectual property charges because they don't own the rights to the original property and Hot Topic has licensed the t-shirt rights of it anyway. So it'd be like if I drew a super cool Batman and they had the right to Batman t-shirts they could just use my drawing? That doesn't seem right/legal. Just because I can't make money off it doesn't mean they could take my work and make money off it.
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Mar 30, 2015 19:43
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Bum the Sad posted:So it'd be like if I drew a super cool Batman and they had the right to Batman t-shirts they could just use my drawing? That doesn't seem right/legal. Just because I can't make money off it doesn't mean they could take my work and make money off it. They own the rights to batman and you drew batman and released it free to the public. Its theirs to use if they want, most times companies dont because the work usually sucks and they got their own artists. Thats why it only happens with dumb things like T shirts.
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Mar 31, 2015 09:51
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RonMexicosPitbull posted:They own the rights to batman and you drew batman and released it free to the public. Its theirs to use if they want, most times companies dont because the work usually sucks and they got their own artists. Thats why it only happens with dumb things like T shirts. No. Any creative work you make (writing, music, graphic art, whatever) is yours; you own the copyright automatically. If you draw the X-Men running a train on Batman while Mickey Mouse watches and drinks a Coke, you own that picture. Anyone who wants to put it on a T-shirt has to get your permission. If they don't, you can sue them to make them stop and recover damages. DC Comics owns the trademark to Batman, and licenses it out to Hot Topic. This means that DC gets to say who can sell things that are recognizably "Batman," and can sue people who sell Batman stuff without their permission, to make them stop and recover damages. But, owning that trademark doesn't give them the right to violate copyright - it just means that they can force people who violate the trademark to stop and hand over the money they made. If Hot Topic is just pulling drawings off DeviantArt and putting them on shirts, without permission or licensing, that's unquestionably illegal. But, the remedy is to sue for damages. 15 year old kids on DeviantArt generally don't have the resources to pursue a lawsuit, and if they did, the damages for one T-shirt design probably wouldn't cover the costs of the protracted legal battle that Hot Topic can afford. So, what they're doing is clearly illegal, but nobody who cares can afford to make them behave. Ain't the legal system grand?
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Mar 31, 2015 15:55
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Space Gopher posted:people who violate the trademark to stop and hand over the money they made. RonMexicosPitbull fucked around with this message at 16:16 on Mar 31, 2015 |
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Mar 31, 2015 16:12
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