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T-shit Design and Copyrighted Material
KVW
Registered User regular
Registered User regular
Hey, I've been toyign with the idea of creating some comic book themed t-shirts and possibly selling them on my blog in the future. I'm thinking something similar to the ThinkGeek t-shirts that feature 1-Up mushrooms or Nintendo NES controllers and other random material that I believe is borderline copyrighted.
What exactly counts as copyright in this regard? For instance, my banner on this post has a picture of Peter Parker as drawn by Steve McNiven. Marvel probably owns the rights to the image as they paid the artist for his work and I'd imagine McNiven would get royalties for certain uses depending on his contract.
Can I use that image freely on a t-shirt (this is an example, I doubt I'd make a t-shirt with just my site name on it, at least not to sell to other people) or would that be infringement of some kind?
I'm not looking to put artwork of random heroes on t-shirts, but one example I was thinking of making a Tony Stark (aka Iron Man) in a suit for a fake Presidential Candidate "Vote Tony" or maybe a "Register - It's the Law" or even a "Iron Man Wants You For the Initiative" t-shirt (these are all themes currently related to comics, don't worry if you have no idea what I'm talking about).
Would these be legal to make, specifically if I chose a random image of Tony Stark or would I be required to draw it myself / pay someone else to draw it?
Similarly, what about referencing / using catch phrases from comics? Over a year ago, they had a Civil War event in Marvel Comics where super heroes had to register or be hunted down. Half joined one side, the other went rogue and they fought each other over it. They had an excellent ad campaign of "Who's side are you on?" and banners were rampant of "I'm with _____", such as "I'm with Hulk" or "I'm with Cap", and so on.
Would I be allowed to make t-shirts based on things like that with small headshots of heroes or is that more infringment? What about stealing taglines from events like "Who do you trust?" or "Who's side are you on?" or stencilling a hero onto a shirt?
Anyone with any experience selling shirts or that knows anything about this, I'd appreciate any and all input. Thanks.
What exactly counts as copyright in this regard? For instance, my banner on this post has a picture of Peter Parker as drawn by Steve McNiven. Marvel probably owns the rights to the image as they paid the artist for his work and I'd imagine McNiven would get royalties for certain uses depending on his contract.
Can I use that image freely on a t-shirt (this is an example, I doubt I'd make a t-shirt with just my site name on it, at least not to sell to other people) or would that be infringement of some kind?
I'm not looking to put artwork of random heroes on t-shirts, but one example I was thinking of making a Tony Stark (aka Iron Man) in a suit for a fake Presidential Candidate "Vote Tony" or maybe a "Register - It's the Law" or even a "Iron Man Wants You For the Initiative" t-shirt (these are all themes currently related to comics, don't worry if you have no idea what I'm talking about).
Would these be legal to make, specifically if I chose a random image of Tony Stark or would I be required to draw it myself / pay someone else to draw it?
Similarly, what about referencing / using catch phrases from comics? Over a year ago, they had a Civil War event in Marvel Comics where super heroes had to register or be hunted down. Half joined one side, the other went rogue and they fought each other over it. They had an excellent ad campaign of "Who's side are you on?" and banners were rampant of "I'm with _____", such as "I'm with Hulk" or "I'm with Cap", and so on.
Would I be allowed to make t-shirts based on things like that with small headshots of heroes or is that more infringment? What about stealing taglines from events like "Who do you trust?" or "Who's side are you on?" or stencilling a hero onto a shirt?
Anyone with any experience selling shirts or that knows anything about this, I'd appreciate any and all input. Thanks.
KVW on
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IIRC the shirts that Thinkgeek sell etc. are direct from Nintendo.
@gamefacts - Totally and utterly true gaming facts on the regular!
http://www.thinkgeek.com/tshirts/popculture/a282/
http://www.thinkgeek.com/tshirts/gaming/a129/
http://www.thinkgeek.com/tshirts/gaming/7190/
And so on require contacting Nintendo in order to produce, yet still sell for about $15? I've seen some with Link's hearts, but no Nintendo branding otherwise visible and they are down to like 2 or 3 hearts left and others similar to that. I just assumed they skirted the line and the people weren't paying any kind of royalties for them to be selling them for $10-15 a pop.
I guess the next question is how would I go about buying rights for t-shirt reproductions without going broke? I always just assumed it would be ludicrous prices for everyday people to make small scale productions like the ones on Think Geek and other sites.
@gamefacts - Totally and utterly true gaming facts on the regular!
Basically, if you use any image or name of a marvel superhero, they will probably visit you with the rape stick.
Indeed, even your use of Marvel artwork in promoting your blog is potentially copyright infringement. You may be able to get away with it as you might claim legitimate use as you review comic books, but as it's actually being used for promotional purposes out with an actual review, it's probably illegal.
Overall, this isn't a great idea creatively. Even if Marvel don't notice, consumers are unlikely to be impressed by what may be deemed knock-off merchandise.
That being said, as I understand it the second you start selling it you are infringing copyright. Even using it I believe is unacceptable...hence why you are liable for copyright infringement if you "freely" screen a video without accepting any kind of payment. Drawing Tony Stark or paying someone else to will still be infringement if it is a likable reference to Tony Stark, and is obviously intended to cause the viewer to associate your drawing with the character. This is why shows like South Park have taglines saying "any similarities to actual people is unintentional blah blah blah."
The taglines are more of a grey subject. I would ask for a lawyer to confirm anything I'm saying. But as I understand it, if it is obvious you are using something in reference to the actual works and materials, you have to get permission from the owner (in this case, probably Marvel and/or DC) to do it. ESPECIALLY if you are selling it.
PSN: TheScrublet
This. I didn't even think of this, but this is a great point. If I think something is cool/awesome, and I see someone go out there and identify THEMSELVES with that cool/awesome thing, they better be hot shit.
PSN: TheScrublet
Whoa whoa whoa. I'd better be getting kickbacks from that one.
@gamefacts - Totally and utterly true gaming facts on the regular!
Using images of Marvel superheroes on a T-shirt is not skirting any line. It will require licensing. Otherwise if they find out about it they will certainly come after you to stop producing/selling them.
Chances are it is completely outside the realm of possibility for a single person to acquire rights from Marvel to produce licensed T-shirts to sell on their blog. It never hurts to call them and figure out what would be required, but don't get your hopes up.
Well, was worth checking into. I doubt I'll be able to even talk to DC or Marvel, let alone get anything out of them for this. Just assumed it might be possible to do something similar to the 8-bit t-shirts and other random video game and tech related t-shirts I've seen from other blogs.
Thanks for the info.
Furthermore, when it comes to the trademarked names they don't even really have a choice when it comes to enforcing them aggressively. If your usage of their trademarked names comes to their notice, and it even remotely looks like it couldn't be called fair use and/or inconsequential, they have to go after you, or they risk undermining their hold on the trademarks. The rules for maintaining trademark rights pretty much dictate that they cannot afford to be lenient in those situations.
Exactly what constitutes fair use is a pretty gray area, but you could easily say that using the trademarked names in the context of a comic review is definitely fair use. Reproducing selected bits of the artwork would also be fair use, again within the context of a comic book review. Any usage that involves you making money from that usage is definitely not fair use. Making a shirt with Iron Man on it for yourself and maybe a few friends, probably not fair use but they could claim the infringement was inconsequential and thus not worth their lawyer's time. Making hundreds of Iron Man shirts and giving them away for free, probably also infringement but now it's no longer inconsequential, because it could be argued that at least some of those free shirts are one less shirt Marvel can sell.
Anyway, yeah. Either get some contacts in the Marvel and DC legal departments or find some other way to creatively express your love of comics.