Can I sell my own original artwork of Donald Trump?

Question

I want to sell merchandise using my own artwork of his likeness. I will not be copying, tracing, or otherwise recreating any  copyrighted pictures of him. I am aware that he has told multiple republican groups to not sell merchandise of him, even with positive messages, to fundraise. My merchandise would not be affiliated with any groups, campaigns, or fundraisers. I am completely new to this and would appreciate any advice on the topic, thank you.

James L. Arrasmith · Answer

Selling merchandise featuring your original artwork of Donald Trump can be complex due to intellectual property, publicity rights, and potential trademark issues. While you aren’t copying copyrighted images, Trump, like many public figures, has the right to control the commercial use of his likeness. This right varies by state, but it generally means you’d need permission to profit from using his image, even if it’s your own creation. 
 
Because Trump has actively limited how his likeness is used by others, you could face legal challenges if your merchandise is sold without authorization. Even if you’re not affiliated with any groups or campaigns, the fact that you’re profiting from his recognizable image might still raise legal concerns. Courts often consider whether the artwork transforms the subject into something uniquely expressive or whether it’s being used primarily for commercial gain. 
 
To avoid potential legal trouble, you might want to focus on creating artwork that makes a transformative statement or has clear artistic commentary. This can help distinguish it as protected under free speech or fair use in some cases. However, the line between creative expression and commercial exploitation can be blurry, so it’s important to tread carefully.

Q: Can I sell my own original artwork of Donald Trump?