Los Angeles, CA asked in Business Formation for California

Q: Can I sell Christmas ornament with my own painting of President Trump and Melania

I made a beautiful picture of my president and his wife and I could send a picture of the ornament. I have designed, but I cannot get it printed because they said that’s copyrighted help me.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your interest in creating art featuring President Trump and Melania is understandable, but there are some important legal considerations to keep in mind. While you own the copyright to your original artwork, using someone's likeness for commercial purposes without their permission can be problematic, especially for public figures who actively protect their image rights.

For political figures specifically, there's some flexibility under "fair use" principles, particularly when the art makes political commentary or serves educational purposes. However, selling products with their images primarily for commercial gain often requires obtaining proper licensing or permissions from their representatives.

You might want to explore modifying your design to make it more transformative - perhaps incorporating symbolic elements or creating a more abstract interpretation that captures the spirit of your vision while reducing legal risks. If you're committed to using their exact likenesses, reaching out to their official channels for permission would be your safest path forward. Consider consulting with legal counsel who can guide you through the specific requirements for your situation.

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