Using potentially copyrighted content in designs.

Hey AllI am looking to sell some of my images i have created maybe on a T-Shirt throgh spreadshirt or something simular. To make some extra cash while i am in college.However most of my designs are based on computer games such as Mass Effect, Warcraft Halo: Reach etc.What are the legalities in selling these designs? Can anyone Help?

 

The images you describe sound like the copyright belongs to others. It would be illegal to sell T-shirts with their images on them.

 

Thanks for your reply. Could you tell me how sites like redbubble and others sell their merchandise? Just a quick search lends 100s of Star Trek, Star Wars and other what i assume is copyrighted material?

 

Those other sites you mentioned may or may not be interested infollowing the law. Now you need to decide if you want to take the same risk they are taking.

 

They may have also purchased the rights to use those designs or their trademarked name.

 

Also, there are some t-shirt companies (like Zazzle for example) that have deals with some copyright and trademark holders and let you customise the t-shirts with those images on legally. I don;t know whether any printing company has a deal with the companies you are referring to - but it is worth asking.

Equally - if you have a popular site and have a bit of sway with the game manufacturer, then you could try approaching them directly and offering them a revenue-share.

 

This may give you some idea of the uncertainty and issues that surround these types of legal questions:

There is an interesting case working its way though the courts now that deals with an artist who does paintings of the Alabama football team and their trademarks. He has been sued by Alabama. He also wants the rights to sell his artwork on mug, and shirts, etc.

http://www.foxnews.com/us/2012/02/01/appeals-court-set-to-hear-alabama-trademark-suit/

It looks like he would probably be okay using it in his artwork, although that is being appealed, the bigger question is whether he can use that artwork in ways that more traditionally compete with the actual trademark holder.

 

I think Cafepress has something similar. They have bought some rights1

 

Just to follow up on my own point... the Appeals court sided with the artist and did say that he can use the Alabama trademark in his artwork:

http://www.hollywoodreporter.com/thr-esq/court-ruling-team-uniforms-trademarks-336312