I Love My German Shepard Shirt
In Rogers v. Koons, Koons made a sculpture based on a photograph Rogers had taken. Obviously the I Love My German Shepard Shirt and I will buy this two works are in different mediums and the sculpture does have some alterations, but the court found that the sculpture infringed on the photograph because it didn’t transform the aesthetics or message of the photograph. Contrast this with Cariou v. Prince, where Prince took a photograph of Cariou’s and added a few elements. The court here found that Prince’s alterations went beyond the original photograph and created a new aesthetic. And what about the Obama “Hope” poster created by Shepard Fairey? He basically recreated Mannie Garcia’s photograph in a new medium, with a unique illustrative scheme, and the word “hope” underneath. Fairey sued for declaratory relief and the case settled, so we don’t know whether the poster actually infringed or not. The point is that it’s a close enough call that any similar use of another’s work leaves the door wide open to a law suit, especially if your shirt is successful. So if you do base your shirt off someone else’s picture, then you must do more than merely change the medium to avoid infringement. You have to turn it into a new work.
Buy this shirt: I Love My German Shepard Shirt
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Official I Love My German Shepard Shirt
The second issue is whether you may profit from use of a celebrity. Again the I Love My German Shepard Shirt and I will buy this answer is not clear cut and, because we are now talking about state law, will vary depending on the jurisdiction in question. What we are talking about here is invasion of privacy, specifically the appropriation of name or likeness/ publicity rights (there is a difference between the two, but it’s not important for this discussion). Essentially, you can’t exploit another’s name or likeness without permission. Naturally, there are exceptions to that. The most salient exception is use of another’s name or likeness in a creative work. So if you want to merely slap a celeb’s pic on a shirt to make a quick buck, then you are going to run into problems. But if you want to use a picture of a celebrity (or anyone else) to create a new, creative, original (read, a lot like transformative from above) then you may do so.
Buy this shirt: https://famillydesign.com/product/i-love-my-german-shepard-shirt/
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Top I Love My German Shepard Shirt
In Rogers v. Koons, Koons made a sculpture based on a photograph Rogers had taken. Obviously the I Love My German Shepard Shirt and I will buy this two works are in different mediums and the sculpture does have some alterations, but the court found that the sculpture infringed on the photograph because it didn’t transform the aesthetics or message of the photograph. Contrast this with Cariou v. Prince, where Prince took a photograph of Cariou’s and added a few elements. The court here found that Prince’s alterations went beyond the original photograph and created a new aesthetic. And what about the Obama “Hope” poster created by Shepard Fairey? He basically recreated Mannie Garcia’s photograph in a new medium, with a unique illustrative scheme, and the word “hope” underneath. Fairey sued for declaratory relief and the case settled, so we don’t know whether the poster actually infringed or not. The point is that it’s a close enough call that any similar use of another’s work leaves the door wide open to a law suit, especially if your shirt is successful. So if you do base your shirt off someone else’s picture, then you must do more than merely change the medium to avoid infringement. You have to turn it into a new work.
The second issue is whether you may profit from use of a celebrity. Again the I Love My German Shepard Shirt and I will buy this answer is not clear cut and, because we are now talking about state law, will vary depending on the jurisdiction in question. What we are talking about here is invasion of privacy, specifically the appropriation of name or likeness/ publicity rights (there is a difference between the two, but it’s not important for this discussion). Essentially, you can’t exploit another’s name or likeness without permission. Naturally, there are exceptions to that. The most salient exception is use of another’s name or likeness in a creative work. So if you want to merely slap a celeb’s pic on a shirt to make a quick buck, then you are going to run into problems. But if you want to use a picture of a celebrity (or anyone else) to create a new, creative, original (read, a lot like transformative from above) then you may do so.
Buy this shirt: Click Here to buy this I Love My German Shepard Shirt
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