Q: Hello, I am looking for legal advice on a business I would like to start. The business is purchasing pictures of
professional athletes online, photoshopping them into a cartoon, then reselling them on a canvas through Etsy.
Since I plan to use pro athlete photos from the NFL, NHL, NBA, MLB, MMA, NASCAR, etc.... I have a few questions.
1) What type of license to I need from the photo creator to be able to make money off of it?
2) Can I use any photo under a creative commons license?
3) Do I have to alter the photo? And is altering the photo in photoshop to become cartoon like enough alteration to not need permission for the photo?
4) If I purchase the photo, can I still get in trouble with the athlete?
5) Can I use something like the stealers logo in the background? If I cartoon it, does that make it mine and free me from more legal trouble? Can I write "Pittsburgh Steelers" below my image I am selling and still avoid trouble?
5) Basically, to sum all this up, how do I avoid trouble with the athlete and the organization they play for. I am trying to avoid getting sued.
Thanks!!!
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A: Using the name of the team is likely trademark infringement. Using the athlete's likeness could run you into issues with the right of publicity because you're using it for a commercial purpose. The photo does belong to the photographer or the organization if they licensed it and while fair use may be a defense for you cartooning the image, it's just that--a defense. It does not keep you from being sued, it just gives you a potential argument to avoid paying damages. I would suggest consulting an IP attorney who can assist you with building a business brand that doesn't land you in trouble. Feel free to call or email me if I can be of assistance.
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