Q: Can I print and sell a shirt if it's in public domain?
Hi. "Phantom of the Opera", the classic 1925 silent film is in the public domain. Does this mean I can legally print a t-shirt with the Phantom's face on it? I don't want to be sued by Lon Chaney's family for infringement. Can I use this image as long as it doesn't have his name on it? How does using public domain property work exactly, in this regard?
Thank you so much for your time. :D
A: Keep in mind that while a work may no longer be protected by Copyright that doesn’t mean it’s not protected by trademark if the brand is still being used. Also, while the 1925 film may be in the public domain other derivative works like the Broadway musical may not be.
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.
