Question about Copyright.

Hello everyone, first topic so a little nervous.

Okay. I have a television show fansite and i'm planning on doing some contests, I was thinking of photoshopping some images from the television show and using a t-shirt design place (I can't place the name of the one I want to use) to make the t-shirts.

Long story short. Is it going to be a copyright issue if I use some images from the television show to make a tshirt for my fans?

Also, if they become popular would selling them for profit be illegal?

Thanks so much for any help in advance!

 

In short, reprinting the image, even if not for gain is a copyright infringement. Despite the fact the image is on the internet this is not the same as being in the public domain. Therefore the only way you can use the image if you have the explicit permission of the owner of the image's copyright, or if copyright has been waived on the image which is unlikely and even if declared should be checked out.

Sorry!

 

What if I used the name, such as my own design with "General Hospital Fever" written on the shirt?

 

Names cannot be copyrighted under UK or US law but they can be trademarked. The question you'd have to answer therefore is whether the name is trademarked. If not - you're free to print it.

 

How would I go about finding that information out? I've checked the General Hospital ABC site and i've seen nothing about a TM on the name. Also, if the name IS trademarked is there a way around it?

Also the site i'm trying to think of lets you design tshirts and hats and stuff and I just can't place the name and I can't find it on google. I sweat it starts with a W. GRR.

 

Yeah there are sites which let you design T-shirts a good one is spreadshirt but most sites (and ALL reputable sites) check designs of copyright infringement.

To check a trademark, check your countries trademark websites or offices. In the US Patent and Trademark Office

 

I found this :: http://tess2.uspto.gov/bin/showfield?f=doc&state=q7bs1v.2.26

So basically I can't make any merchandise using GH or General Hospital, so it's a lose-lose situation then?

 

The trademark is dead/abandoned and whilst this does not mean you are in the clear it does mean that the owner of the copyright would have to have it reinstated before it could be used.

This area is always a bit loosely defined and you're best bet if wanting to use it on a permanent basis you'd buy it. Otherwise you 'should' be safe but don't rely on my advice.

 

How could I buy the trademark? If I bought it, couldn't it be illegal for the show to have that name because it would be copying my trademarked name? Sorry im a newb.

 

You just apply to buy it. I have no idea if the show is still in production etc so I can't comment!

 

Alright thanks for your help! Anyone else have any advice or more knowledge?

 

As others have stated you cannot use the name of the show or any images from it on your shirt. Buying a trademark like that would be expensive/impossible. My suggestion is to make a shirt that contains with just text that has a clever reference to the show in question, without using any trademarked terms. Good luck.

 

how about a graphic with actors images and not anything to do with the show.

 

The short answer is No. There's a concept called "Right of Publicity" which applies to famous people. Here's the relevant statutory information for California (where GH is filmed). Most states have similar statutes...

California's right of publicity statute, Civil Code Section 3344, was first enacted in 1971 and provides as follows.

California Civil Code Section 3344:

'3344. Use of Another's Name, Voice, Signature, Photograph, or Likeness in Advertising or Soliciting Without Prior Consent.

(a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or parties are required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.

Let me know if you have other questions.

Deena Burgess, Esq.

 

No that pretty much summed it up. I guess the whole thing is just out of the question then. =[

Thanks for clarifying that though.

 

There is someone who owns a LIVE trademark on the name "General Hospital" specificlly for t-shirts. You would be in direct violation of their trademark. The mark is owned by ABC since 1980, so they have plenty of cash to come after you as well. This is an area you do not want to go.

Word Mark GENERAL HOSPITAL
Goods and Services IC 018. US 003. G & S: Tote Bags. FIRST USE: 19801021. FIRST USE IN COMMERCE: 19801021

IC 025. US 039. G & S: [ T-Shirts, Night-Shirts and Surgical Scrub Suits Sold as a Novelty Item in the Nature of Wearing Apparel ]. FIRST USE: 19801021. FIRST USE IN COMMERCE: 19801021

IC 041. US 107. G & S: Entertainment Services Rendered Through the Medium of Television in the Nature of a Dramatic Serial. FIRST USE: 19630401. FIRST USE IN COMMERCE: 19630401
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73292750
Filing Date January 12, 1981
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 11, 1982
Registration Number 1203561
Registration Date August 3, 1982
Owner (REGISTRANT) American Broadcasting Companies, Inc. CORPORATION NEW YORK 1330 Avenue of the Americas New York NEW YORK 10019

(LAST LISTED OWNER) AMERICAN BROADCASTING COMPANIES, INC. CORPORATION BY ASSIGNMENT DELAWARE 77 WEST 66TH STREET NEW YORK NEW YORK 10023
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record JEFFREY C. KATZ
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL-2(F)
Affidavit Text SECT 15. SECTION 8(10-YR) 20021226.
Renewal 1ST RENEWAL 20021226
Live/Dead Indicator LIVE​

The relevant trademark is not dead. See above.

 

alright, from what i know, copyrighting is a serious thing, so if you wanted to go with your project with the shirts, i would recommend that you give credit to the show or site from wear you got the pics. And selling them would not be a bad idea because for one, its buisness, and if you would sell them, the show, or site would probably contact you, talking about being partners. So just watch out, thats as much advice i can probably tell you in this situation.

 

Mark,

I'm sorry, but you're wrong. The information that we're talking about is protected by trademark law, not copyright law. The OP cannot use the trademark without a license from the owner of the trademark, credit given or no. The show (or more correctly, the owner of the trademark) is not going to contact him looking to partner with him. They're going to sue him and take every cent he's made plus statuory damages.

Bad, bad idea.

Deena Burgess, Esq.
__________________________________________________________________________________

Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.

 

In North America, trademark laws have sharper teeth than copyright laws, traditionally and the show name would be trademarked.

Using images would infringe on the copyrights of the show or whoever owns the images (photographer, videographer, etc.)...in addition, people own the rights to their own likeness and without a model release from each actor specifying you have permission to use their images, you'll be in trouble on that front, too.

The only way you can use someone's image without permission (and if they're dead, their estate can still own rights to the images, so don't try using Marilyn Monroe's face, either) is if it's fair use...usually that means they're newsworthy and your purpose in using the image is news related. So, if you took the photos of celebs yourself, you do own the copyrights to the photos, but without a signed model release, you cannot use those images on your product or website unless your use is considered fair use under the law. If this was not the case, I could simply snap a pic of Brad Pitt or anyone, and start selling t-shirts with the photo...but you could sell a pic of Brad for news related purposes to People Magazine or the Inquirer, and that would be fair use.

 

Okay, so is there any alternative at all? Or is this just beating a dead horse with a stick?