Q: I've written a book and I would like to use a photograph of a replica jersey as the cover? Can I use it w/o permission?
I would like to use other pictures, but the ones I'd need to use are over 40 years old and it has been increasingly difficult to find the people who took them to even ask for permission. Is there any way that I can photograph the replica NFL jersey without getting into trouble? If not, how would you suggest I get permission for other photographs if they're that old?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (561) 370-7396
- View Profile
- Answered
A: You have a couple issues here because the copyright in the photograph likely still exists and any use without permission would constitute infringement. It can be difficult to figure out who to get permission from if there is no identifying information for the photo. However, you may also have a potential trademark issue with the team who the jersey belongs to.
Barbara Berschler agrees with this answer
A: You might inquire with the team or NFL to request permission to use a picture that features the team's jersey for the limited purpose you have in mind. They may allow for such use of their mark if it is not conflicting with their normal uses, like selling jerseys. But, as pointed out by Ms. Williams, at a minimum, you need to consider copyright and trademark issues as you proceed.
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.
