Los Angeles, CA asked in Trademark and Intellectual Property for California

Q: If I create my own artwork on a T-shirt honoring a celeb. Is it legal? I plan to mail it to them.

I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the rights of publicity and privacy of the celebrity involved. While using their likeness for non-commercial purposes may be permissible, it's advisable to ensure that the artwork is respectful and does not imply endorsement or association with the celebrity without their consent.

It's crucial to research and understand the laws and regulations related to the use of a celebrity's likeness in the jurisdiction where you reside and where the celebrity resides. Additionally, consider reaching out to the celebrity's representatives or legal team to seek permission or guidance regarding the use of their likeness and career information on the T-shirt. Communicating your intentions and ensuring that the artwork is received positively by the celebrity can help mitigate any potential legal issues or misunderstandings.

In summary, while creating a T-shirt featuring a celebrity's likeness and career facts for personal use and gifting may generally be permissible under freedom of expression, it's essential to respect the rights of the celebrity and consider any applicable laws or regulations. Seeking permission or guidance from the celebrity or their representatives can help ensure that the artwork is created and shared respectfully and without infringing on any legal rights.

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