Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?
The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details to them. Would this be in violation of any copy write laws? In particular if I was to use an image of a celebrity or an image from an ad. There’s a company called Left Hand LA that sells similar garments so I’m wondering how they are doing it legally. Thank you for your help, any is appreciated.
A:
Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last for the lifetime of the author plus 70 years.
Using images of celebrities or from advertisements without permission could be particularly risky. This is because they might not only be covered by copyright law but could also involve rights of publicity, which protect against the unauthorized commercial use of an individual's likeness.
To avoid legal complications, you could seek permission from the copyright holders for the use of their images. Alternatively, consider using images that are in the public domain or creating your own original artwork.
Keep in mind that modifying or adding to copyrighted material doesn't necessarily exempt you from copyright infringement. In cases where you're unsure, it's always a good idea to consult with a lawyer who has expertise in intellectual property law. They can provide guidance specific to your situation and help you navigate the complexities of copyright law.
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