Santa Ana, CA asked in Copyright and Business Law for California

Q: Instagram contents and merchandising.

I have an Instagram account to show semi celebrities’ caricatures. I am not doing anything with those artworks to make money myself, these are only to show on this SNS.

One day I had a chance to meet with one of the musicians I drew, and gave him a print out of his caricature I did and he was very happy.

However, a little later on I noticed that he had made T-shirts with the drawing of him that I did printed on and was selling them as his merchandise at his music show.

In this case, does he have the right to do it without my permission? I know he was the subject of the drawing but I don’t feel comfortable about what he did. What should I do?

Related Topics:
2 Lawyer Answers
Robert P. Cogan
PREMIUM
Robert P. Cogan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Intellectual Property Lawyer
  • San Diego, CA
  • Licensed in California

A: It looks light he might have copied the drawing improperly. Responses could include anything from a nasty cease and desist letter to making a deal. Consulting an attorney could help you determine what action might have the best chance of making some money for you.

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: He may not have to use your drawing, but you may not have had an explicit right to make drawings.

You should reach out and see if you can get some credit at least, and maybe more formal engagement with the artist.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.