Saturday, October 24, 2009

Would I be violating copyrights if I print quotes on T-shirts for example from Ghandi, Eleonor Roosevelt?

Thanks in advance to All- I am a bit confused for I have seen Journals and other items with these quotes from historical people no longer living- Are they getting permission?
Answer:
Good Question

If you are making a T-shirt and you are the only person who will wear it, you would be covered by the first ammendment and/or Chapter 1, Section 7 of Title 17 (fair use), whether the person is live or dead.

Let's assume you want to sell these shirts.

You are dealing with more than just copyright laws, you are also dealing with the Federal Lanham Act and the laws of "Publicity" as well as the First Ammendment protection of Free Speech and the Press.

The Lanham Act prohibits the suggestion of a false endorsement of a product, which may or may not cause you issues. (if you portray them negatively, for instance; it would be obvious the celebrity wasn't endorsing you)

Publicity laws vary from state to state and can be tricky to overcome. New York and Wisconsin, for instance offer no post-mortem publicity rights (witness the throngs of vendors selling t-shirts of John Lennon in front of the Dakota apartments). California offers a 50 year protection to the deceased while Indiana and Oklahoma extend it to 100 years. Washington state offers 10 years for everyone, 75 years for images that have "commercial value". Tennessee grants perpetual rights as long as it is continues to be used for commercial purposes(specifically Graceland).

If a person has been dead for at least 100 years, you would be free to quote that person and use any photographs or portaits/illustrations of the person created in thier lifetime. (this is because all applicable copyright and publicity statutes would have expired, except Elvis in TN)

Journals, blogs, newspaper articles, TV news, documentaries, etc are generally protected by the 1st Ammendment for content and Chapter 1, Section 7 of Title 17 for copyright/publicity issues. They are using the items for educational, journalistic, or informative purposes, not commercial purposes (whether they make money or not).

You cannot copyright what you say, only what you record or write. If someone took a picture of Ghandi when he was 30 years old (1900) you could use it. If someone took a picture of Ghandi in 1945 and renewed the copyright so that it was in effect in 1998, you cannot use the image on a t-shirt until 2040 without permission!

Your best bet is to contact the estate of the deceased (if they have been dead for less than 100 years) to get permission to quote them for a shirt that you will sell. You will also need to find the photographer/illustrator/etc. if you want to use images. (the person taking the picture owns the rights to the image, the estate owns the personality rights)
if the source is 1923 or before (united states) it is probably okay- that is the current copyright cutoff year i believe
I don't think it would violate it- but I do think you have to put the name on it of who spoke it.
that's a tough call...some of that stuff...as in to the press...would become public domain..or free use...
But if the quote came from say selected writings? then they would still be under the copyright rules...

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