Wondering if it's illegal to do so...and also all the black band t-shirts..do those t-shirt companies pay some kind of a royalty to every band or is it allowed to print? If anyone know more about this matter..please let me know..would really help Thanks
If you are using images taken from tv shows then yes, it's probably copyright infringement. Bands usually pay a designer to create logos and album covers and the copyright is either held by the designer or possibly the band. Again, if you use someone else's image, it's copyright infringement and possibly even trademark infringement.
supposedly i want to create a t-shirt for a series say 'heroes' and i get a person to make a animated version of that character and then print it and sell it..would that be illegal still?
Well, IANAL, so I'm not really sure. The image would be unique, so probably OK, but using the term "Heroes" that clearly refers to the TV show, for example, might be trademark infringement.
You can't use a trademarked item without permission, so putting a logo of a show would be trademark infringement. Normally, posting a screenshot of a television show on the internet is fair use regardless of the purpose. But it becomes less so when you put that screenshot on a t-shirt and sell it; now you are using it for commercial purposes. An animated version of a Heroes character may be okay because now you have created the copyrighted work. I would have to know more about your situation and how close it is to the original to be able to give you a more certain answer.
What do base that on? The issue of "fair use" is completely tied up in the purpose. Is it for commentary? more likely fair use. Is it used in a parody? more likely fair use. Is it for commercial purposes? probably not fair use. But it's based on a number of factors. http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
Thanks for the replies guys...just wondering, then how do these companies sell the black band t-shirts? i wonder, do they pay royalty to each and every band? I don't think so Anyone knows more?
Many of them probably have a license to do so - the bands & labels have to hire someone to make their stuff. There are also probably a bunch of little guys who operate by flying under the radar, so to speak. They probably just keep making shirts until they get a C&D - and hope there isn't any lawsuit beyond that.
Well, a screenshot is very minimal compared to the entire show. I can't see anyone selling a screenshot. The use of a screenshot with commercial purposes would likely not involve selling the actual screenshot, and therefore would still be considered fair use.