I wanted to use an image from a movie with quotes that i said on a t shirt for personal use is that legal?

Bankruptcy and Debt 2 views 4 answers
If im not selling the shirts and Im just wearing them.

Attorney Answers

4
Max Harger ·
Strictly speaking, you would be infringing on the film producer's copyrights to use an image from the film in this way. One of the bundle of protective measures known collectively as "copyrights" is the right to create a "derivative work" from a pre-existing work in which you also own the copyrights. Here's the definition from the Copyright Act: "A 'derivative work' is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted." Your use falls into the category of a "recasting" of the work, as you're removing the image from its original format (the film) and displaying in/on a different medium (the shirt) and with some measure of editorialization or comment (your own quote). Depending on the "transformativeness" of your use and your urging that the shirt is a one-off (non-commercial, not likely to affect the original work's sales, localized) you may have a colorable argument for a "Fair Use" defense (i.e., maybe the image in combination with your quote amounts to a parody). However, even though the likelihood that the copyright holder in the original work will is highly unlikely to ever discover your use (or even to care if he/she did find out) the answer to your question is that your action would infringe the copyright holder's rights in the image.
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Vincent Lyon ·
As you are likely to find, "is this legal" is a very difficult question in copyright law. If the question were "does this violate their copyright?" then the answer would most definitely be yes. However, as part of the compromise at the heart of copyright law (monopoly in exchange for adding creative works to the world), the law allows some violations to occur freely. What you really want to know is does this fall under the "fair use" exception to the copyright law. Fair use is always a balancing act looking at several factors, which include is it a commercial use. There is an idea in the world that if use is "personal" and you're not selling the item, then it's okay. That's just not the case. There is no personal use exception to the copyright law. However, if your use is non-commercial, it is more likely to be under the fair use exception. I don't know what your quote is, or what the movie image is, but together they could also fall under exceptions such as satire or criticism or various other options. If you are concerned that you might get sued if you post a picture of yourself in the shirt online, then you should talk to an IP attorney before making the shirt.
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
As my colleagues have aptly discussed, whether it's legal is not the right question, since that's something academics would debate, but it's not what tou want to know. The more important questions are 1) will you get sued, which seems very unlikely if you only make 1 of these t-shirts and you never distribute any photos of you wearing it, since as a practical matter few people will ever see the t-shirt, and 2) if you did get sued, would you win, which depends on whether you're willing to spend the time and effort to defend yourself to assert a sucessful "fair use" defense. Note that "fair sue" is a defense to a cause of action for copyright infringement. That means hiring a lawyer, which will cost a lot more than simply ceasing and desisting wearing the t-shirt or displaying a photo of it, if you're sued.
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Maurice Ross ·
The answer is--it depends. And whether it is legal or not may be irrelevant--that is an academic question that is probably not very important to you. Let's be practical here. The chances of you facing a law suit from a private, non-commercial creation of a single T-shirt are slim. But if you wear the T-shirt in a manner designed to draw attention to yourself and/or publicity that benefits you commercially, and if in doing so you tarnish the image of the movie and/or the trademark reflected in the quotes used in the T-shirt, you could face a law suit. Thus, the practical answer depends on how, where, and in what circumstances you intend to use the T-shirt. If you intend to wear it at home, the risk of a law suit is almost non-existent. The risk is also low if you simply plan to wear the T-shirt at low key social events involving family or friends. But if you intend to use this T-shirt as a publicity ploy to draw attention to your business or career, and/or to make a political statement that you hope will make it on the evening news, then the risk of running into a problem increases. There is no easy answer to a question such as this--the doctrine of fair use is tricky, and you should not underestimate the risks that you could be accused of violationg IP rights of others.
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