# Products in pictures on tees, LEGAL!?



## LYFE9 (Jul 21, 2010)

Basically my question is the following: If I have a photo that I want to put on a t-shirt and in the photo you can clearly see a product that has not been manufactured by myself. Is that legal? 

To give an example, would a picture of someone with an XBOX remote in their hands be legal? Do you need Microsofts permission to do so? What if you do not see the XBOX logo on it but it is clearly an XBOX remote? 

OR 

Lets says I am taking a picture of someone wearing GUCCI frames but you do not see the logo. Only a connoisseur would be able to identify that they are GUCCI frames but are there legal technicalities tied to this? 

OR

Lets say I am taking a picture of someone wearing glasses I get off eBay from some company no one really knows about but they are easily recognizable for someone who knows. I.e. The designer of the frames or the company that manufactures them. 


I tried to give as much detail as possible, hopefully someone can help me out. 

Thanks!


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## kimura-mma (Jul 26, 2008)

The owner of the trademark, trade dress, copyright, patent, etc, can take legal action if they choose. The more identifiable the product, the higher the risk. Some random pair of sunglasses would probably be low risk. The XBOX controller would be higher risk. It's really hard to say for sure if anything may happen, just try to use your best judgement. And definitely don't use any trademarked logos anywhere in your design.


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## LYFE9 (Jul 21, 2010)

That's what I thought, kind of a gray area when the item is not too obviously recognizable.

Thanks!!


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## missswissinc (Feb 21, 2012)

depends on what your looking to do. Lets say a family comes to you and says we want you to use this photo for some in memory of shirts. Now lets say its a photo of a child holding the xbox control while playing a xbox game they want to use. I highly doubt they would come out after you for something like that. But, I can see if you put a xbox control on a shirt and sell it to the public and you didn't get permission from microsoft to use the image then I can see your asking for trouble. Look at the tebow shirt issue. A company was selling shirts that they said was indorsed by Tim. Well he didn't and he told them to cease linking him to the shirts. I know alot of area's are in the gray and I guess it depends on what your looking to do that would help show if its right or wrong.


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## binki (Jul 16, 2006)

I have seen stories whrere goods were confiscated because they had a recognizable image in a picture. One, if I remember right, was a race track with a licensed vendor selling shirts.


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## LYFE9 (Jul 21, 2010)

binki said:


> I have seen stories whrere goods were confiscated because they had a recognizable image in a picture. One, if I remember right, was a race track with a licensed vendor selling shirts.


The race track was on the shirt?


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## starchild (Jul 22, 2009)

Then again "pixelating- " the element could be a good design twist.


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## binki (Jul 16, 2006)

eikei47 said:


> The race track was on the shirt?


 yes, they didnt like it


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## LYFE9 (Jul 21, 2010)

starchild said:


> Then again "pixelating- " the element could be a good design twist.


For certain designs I guess you can incorporate that but when you're looking for a specific message with the design, pixelating some elements might throw off the audience and you lose the message.


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## binki (Jul 16, 2006)

Check this out. Bandimere Speedway


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## LYFE9 (Jul 21, 2010)

At least it's written right there in black and white. Just have to do a minimum amount of research before.


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## Riderz Ready (Sep 18, 2008)

Based on the dozens of simliar post the rule of thumb is simple - - if you need to ask if it is legal it is not.


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## persoescaladecom (Jul 30, 2012)

Hi, i was wondering if a customer comes to me and ask for a t shirt with say a picture of them on a Xbox or with visable make. Can there Be any justement for me?


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## LawyerMatthew1 (Jul 23, 2012)

Hi 
There are a lot of important issues to consider when protecting yourself from breaching intellectual property rights of another person.

The consequences can be extensive and vastly punitive.


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## Viper Graphics (Mar 28, 2009)

binki said:


> Check this out. Bandimere Speedway


 

What a load of lawyer gobletygook! From all that they also have the right to erase any and all images either real or imagined off your corneas as well as your brain...I really like the part where they state complete rights over all television and other media outlet footage as well as ownership of any private/personal photos or video taken etc....jeez


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## teeporium (Jun 2, 2011)

This site has great references: 

fair use related topics at T-Shirt Forums


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## binki (Jul 16, 2006)

yeah, they claim they own air too so you have to pay a breathing fee while in the venue.


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## LYFE9 (Jul 21, 2010)

Thanks teeporium!


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## Riderz Ready (Sep 18, 2008)

persoescaladecom said:


> Hi, i was wondering if a customer comes to me and ask for a t shirt with say a picture of them on a Xbox or with visable make. Can there Be any justement for me?


See above - if you need to ask the answer is, in your case, YES.


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