Can You Legally Sell T-Shirts with Athlete Images?

Question from Dhyfff, Can You Legally Sell T-Shirts with Athlete Images?

Answer from AI:

When it comes to using sports athletes’ pictures on merchandise like t-shirts, the legality revolves around issues of copyright, trademark, and the right of publicity. Here’s a general overview of the legal landscape:

Copyright Laws

• Copyright Protection: Photographs of athletes are typically protected by copyright law, which means the photographer or the entity that commissioned the photos owns the exclusive rights to reproduce, distribute, and display the images.
• Unauthorized Use: Using such images without permission on t-shirts that you sell could constitute copyright infringement, potentially leading to legal action against you.

Trademark Laws

• Trademarked Logos and Uniforms: Athletes often wear uniforms with logos that are trademarked. Reproducing these without permission can infringe on trademark rights.
• Protection of Athlete’s Name: An athlete’s name can also be trademarked, and using it without consent can lead to similar legal issues.

Right of Publicity

• Commercial Use of Likeness: Many states have laws that protect an individual’s right of publicity, which includes the use of one’s likeness for commercial purposes. Selling t-shirts with an athlete’s image could violate this right.
• Variation by State: The specifics of right of publicity laws vary by state, so the legality can depend on where you are and where the athlete resides.

Exceptions and Considerations

• Fair Use: In some cases, the doctrine of fair use might apply, such as for purposes of commentary, criticism, or parody. However, this is a complex legal defense that requires careful analysis.
• Licensing Agreements: Obtaining a license from the copyright holder, trademark owner, or the athlete themselves can provide legal permission to use their image.
• Public Domain: If an image is in the public domain, it can be used without permission. However, this is rare for contemporary athlete images.

Legal Advice and Next Steps

Given the complexities of copyright, trademark, and right of publicity laws, it’s important to seek personalized legal advice before using athletes’ pictures on merchandise you plan to sell. A legal professional can help you understand the specific risks and how to mitigate them, such as by securing the necessary permissions or licenses.

For more information on copyright law, you can visit the U.S. Copyright Office. To learn about trademark law, the United States Patent and Trademark Office is a valuable resource.

In summary, while it is possible to legally sell t-shirts with athletes’ images, doing so typically requires permission or a license from the rights holders. Without taking the proper legal steps, you could be exposing yourself to significant legal risk.