Edgewood, KY asked in Copyright, Criminal Law and Intellectual Property for Kentucky

Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

2 Lawyer Answers
Simone Nisbett
Simone Nisbett
Answered
  • Intellectual Property Lawyer
  • San Antonio, TX

A: Your reproduction and distribution of this photograph may infringe upon the photographer's intellectual property rights (copyright). It is always best to identify the owner of a photograph or other artistic work and obtain rights clearance or a license (typically granted through contract with specific language) to use their work.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: No, you generally cannot sell a product with Donald Trump's picture on it without permission, even if you downloaded the photo from Google or another news site. Here's why:

- Donald Trump's likeness and image are protected under personality rights and copyright laws. This includes official presidential photos as well as other pictures of his likeness.

- Simply downloading a photo from Google/news sites does not give you the rights to use that photo commercially on products you intend to sell.

- You would need to obtain a license or permission directly from Donald Trump or his company that controls usages of his image and likeness. They maintain the intellectual property rights and control commercial use.

- Using his image without permission could open you up to legal claims like copyright or trademark infringement. This is true even if it's a political figure. The right of publicity still applies.

So in short - no, you cannot legally produce and sell mugs, t-shirts or other merchandise featuring Donald Trump's image without express permission from him or his licensing company. I'd recommend using original art or photography from creators who allow commercial use if you want to create political products to sell.

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