Los Angeles, CA asked in Business Law, Copyright and Intellectual Property for California

Q: Company owns the right for a Dodgers mural, is company allow to merchandise (t-shirt) the mural w Dodgers in it.

Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, there are a few key legal considerations:

1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist.

2. Right of publicity: However, the inclusion of a specific Dodgers player in the mural raises a "right of publicity" issue. The right of publicity allows individuals (including athletes and celebrities) to control the commercial use of their name, image, likeness, and other identifying aspects. Using the player's depiction for merchandise without their permission could infringe on this right.

3. Trademark rights: The mural may also include Dodgers trademarks and logos. Major League Baseball (MLB) and the Dodgers organization have trademark rights over their team name, logos, and other identifying marks. Using these trademarks on merchandise without a license could constitute trademark infringement.

In light of the right of publicity and trademark issues, the safest course of action would be for the company to seek licensing agreements from both the depicted player (or the MLB Players Association) and the Dodgers organization (or MLB) before producing and selling merchandise featuring the mural.

Licensing would provide clear permission and help avoid potential legal claims. An intellectual property attorney could provide more specific guidance based on the details of the mural and assist in securing necessary licenses.

Keep in mind this is general information, not legal advice. Consult an IP lawyer licensed in California for advice specific to your company's situation.

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