Valley Stream, NY asked in Copyright and Intellectual Property for New York

Q: Am I able to print a Political yard sign with a Picture of Donald Trump and/or his Make America Great Again slogan?

If not, can I use a hand-drawn silhouette of his face?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: There are a few potential copyright and trademark issues to consider here:

The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.

A photograph of Donald Trump may be copyrighted by the photographer who took it. Using that photo without a license or permission could be copyright infringement. However, using a hand-drawn illustration or silhouette that you created would avoid copyright issues, since you can't infringe your own copyright.

There are also publicity/personality rights to consider - Trump could potentially argue that using his name and likeness for campaigning implies a false endorsement or affiliation.

That said, there are potential First Amendment/political speech defenses if this is a genuinely expressive political sign and not a commercial product. Parody and transformative uses also have more leeway.

The safest approach would be to use your own hand-drawn illustration rather than a photo, and to express your political message without using Trump's exact trademarked slogan. Something like "Make America Great" with your drawing would be lower risk.

But if you're concerned, consult an intellectual property attorney. They can evaluate the specifics of your use and give you a more definitive risk assessment. Political speech does have strong protections, but directly using trademarks and photos could still open you up to legal issues. Tread carefully and get professional advice for your particular case.

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