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Author Topic: Carl Bilt t-shirts  (Read 661 times)

Sheb

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Carl Bilt t-shirts
« on: March 04, 2014, 02:24:05 pm »

Okay, so I want to make a t-shirt with the picture of Carl Bilt on it. Potentially selling it on Cafepresse or something. (Yeah, I know people that would pay for that :p) Now, more seriously, would I face any kind of legal issue? What would be fair use in this case?
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XXSockXX

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Re: Carl Bilt t-shirts
« Reply #1 on: March 04, 2014, 02:43:54 pm »

I'm no legal expert at all, so take this with a grain of salt:

For private purposes this would probably be ok, for commercial purposes it's more difficult.

There are two different issues here, the rights of Bildt to his own image and the rights of the creator of the image you are using. Both of these could mean separate legal issues with your idea.

As far as Bildt's own rights are concerned, he is a figure of public life, so this might work in your favour.

Probably the safest thing would be if your motive could be argued to be of parodistic or satirical content, that opens a lot of room for fair use.
You know, like for example when Obama's or Snowden's image show up on shirts.
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nenjin

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Re: Carl Bilt t-shirts
« Reply #2 on: March 04, 2014, 05:26:35 pm »

Consider the laws of the place you're selling vs. the laws of the place where he lives and/or the creator of the image lives.

Him being a public figure in America does take away some of his rights to privacy, but not rights to the use of his image for profit. While people have made and sold shirts with pictures of Obama, he is technically within his rights to challenge the appropriation of his image without consent IF you are selling that image.

So chances are you could do this and get away with it, but you're opening yourself to a potentially unwinable case of misappropriation. If your t-shirt libels or defames him, you're basically doubly screwed.

But again, the laws in his country of origin may be different and then there's whether those rights transfer internationally or not.
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Sheb

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Re: Carl Bilt t-shirts
« Reply #3 on: March 04, 2014, 06:14:17 pm »

You're aware he is Swedish, not American, right?
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nenjin

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Re: Carl Bilt t-shirts
« Reply #4 on: March 04, 2014, 07:20:22 pm »

You're aware he is Swedish, not American, right?

I am. Just giving you the benefit of what I know about American image use. Are you also in Sweden? Because it's relevant where you're doing it from.

I'm also almost positive Cafepress is an American company, which may have bearing on the issue.
« Last Edit: March 04, 2014, 07:22:30 pm by nenjin »
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Cautivo del Milagro seamos, Penitente.
Quote from: Viktor Frankl
When we are no longer able to change a situation, we are challenged to change ourselves.
Quote from: Sindain
Its kinda silly to complain that a friendly NPC isn't a well designed boss fight.
Quote from: Eric Blank
How will I cheese now assholes?
Quote from: MrRoboto75
Always spaghetti, never forghetti

Sheb

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Re: Carl Bilt t-shirts
« Reply #5 on: March 04, 2014, 07:22:25 pm »

Nope, Belgian.
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nenjin

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Re: Carl Bilt t-shirts
« Reply #6 on: March 04, 2014, 07:23:18 pm »

Sorry, I don't know what European fair use and use of likeness laws are like. But I'm guessing there are means to challenge their for profit use internationally.
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Cautivo del Milagro seamos, Penitente.
Quote from: Viktor Frankl
When we are no longer able to change a situation, we are challenged to change ourselves.
Quote from: Sindain
Its kinda silly to complain that a friendly NPC isn't a well designed boss fight.
Quote from: Eric Blank
How will I cheese now assholes?
Quote from: MrRoboto75
Always spaghetti, never forghetti