Using a photoshopped picture and lyrics on a t-shirt to be sold-profits donated to charity? What are the copyright laws?

Question

Using a photoshopped picture and lyrics on a t-shirt to be sold-profits donated to charity? What are the copyright laws?

Answer 1

Your edited silhouette likely would be viewed as a derivative work. Derivative works require the permission of the copyright holder.



You need permission to use the lyrics. Using them without permission is copyright infringement.



It's irrelevant that the proceeds are going to charity. Also, to you it may be only 30 shirts, but you can very much impact the market for things like, say, official Britney Spears shirts. Once you sell these, they're out of your hands. Anything decent ends up on the web, even if just in a tourist photo. It's like giving it to the whole world for free. It goes everywhere. You can't get it back.



If you really want to do this specifically, you should consult a local attorney, who can see exactly what you're doing and why. It's safest to just do your own original work from scratch. But most people who do quality work from scratch aren't happy putting it on t-shirts with all the proceeds being given away. Those (illegally) copying from others' work don't have such a problem with it.

Answer 2

You will need permission (even for charitable causes) from the owner(s) of all the "intellectual property" involved.

Lyrics to published songs are currently in an odd legal gray area, due to the number of websites which display lyrics without permission. But, the main difference is that those websites do not sell the material they are displaying.

Here, you hope to sell an image taken from a popular TV show. Even if the people involved are not clearly identifiable, I'm guessing you can still see the set design and other aspects of the show which were made by hard-working, paid designers, set workers, etc. And, to boot, the final image was captured by their on-set camera team. All of this cost them a lot of money.

With still images, however, if you alter enough of the image to the point where it becomes a completely new work, that's another story. But, in legalese it comes down to measuring the percentage of difference. Orginally, this was to allow for works of art (such as collage, or works of satire or parody to be made). Still, even in that case, it's best to get permission if the work is ever to be released for public consumption.

Although your cause may be noble, the original owners of the intellectual property are under no obligation to let this slide. And, they may have every right to issue you a cease and desist order, followed by whatever legal action they'd want to pursue for damages to their brand.

This has already happened when Beastie Boys songs were co-opted for a few commercials, some of which with very positive goals in mind. The Beastie Boys have maintained a policy to never allow their music to be used for any kind of promotional purpose. And, so, legal action followed.

Answer 3

Pertaining to the photo, simply making a silhouette out of the dancers isn't enough; someone could still recognize the pose and make some legal fuss over it. Even with the slight camouflage, it is still rather risky. (Now as for the pose itself, maybe you and a friend could do the pose instead, then make the photo of the two of you out of a silhouette instead--but only after you've done some research on how many people used that pose before; whether or not it's a typical dancing pose or if the pose was unique to only those two dancers on "Dancing With the Stars." If it was something they invented, then you and your friend will want to either use a common dancing pose or one that you yourselves invent.)



Pertaining to the lyrics, these pose a bigger risk as they will be un-edited to seem different; it will make them quite recognizable to people who obtain the shirt--and that is where Brittany Spears could want you to pay her royalties. You are doing her a favor only if you cite on the shirt "Brittany Spears" or "lyrics by Brittany Spears"--but even then, you would still need her permission to use them on the shirt.



For both scenarios, whether the money from these shirt sales go to charity or not, it still becomes problematic when the content of an artist, TV Show--nything from the media that you didn't create--is being used for some kind of profit without their consent. (Even if it weren't for profit, they still want to be the ones who give you permission to use their content.) And while I speak from copyright law specifics itself, I would recommend that you consult an attorney for any further legal advice on this matter at hand--as my advice can't override any advice that they could give you.



But instead of consulting an attorney, using Brittany Spears' lyrics, using a Dancing With the Stars photo in silhouette form, etc., you could save yourself a lot of time (and definitely not have any pressure on what is legal vs. what is not) if you take a photo of you and a friend doing a dance of some sort (providing the pose is either a commonly-used one, or one you me self) and turning that into a silhouette, and use lyrics (or a phrase) that you can think of; something catchy and unique that can ensure sales for your shirts. The clothing business (and really any business) is always looking for something new; something fresh when it comes to profits--and people would definitely want to buy a shirt that you don't see everyday. I know I would! :)

Answer 4

Working backward: the fact the profits go to charity is not relevant. It's either a copyright infringement or it's not, regardless of whether you're making money on it. Unless your copy and distribution is authorized by license or statute, it would be a copyright infringement. You don't have a license, meaning you're hoping to benefit from one or more statutory exemptions. If you get sued, you might be able to claim that it's "fair use", under 17 USC 107 or that it's not a "derivative work" covered by 17 USC 106.



We don't give legal advice here, but at least you may have a better idea of what you need to to discuss with your own attorneys.

Answer 5

Just because you use the words "charity" doesn't mean it is OK to steal others artwork. Especially when you claim only the profits will go to charity.



However, the chances of anyone ever connecting an unattributed screen shot used to make a silhouette is negligible. The stupidity of contacting these people to pick a charity just asks for trouble, as otherwise they'd never realize you'd been stealing from them.



However, using the lyrics are an easy way to find yourself being sued.

Answer 6

It's a complex issue and we'd really need to see the picture and know what the lyrics are to give a definitive answer. Britney Spears didn't invent words so taking a couple of common words out of a song doesn't automatically justify infringement.



I think it's highly unlikely they would pursue legal action for such a small case . But, even if they did I think it's possible that you could make some good arguments in court.



But, like I said above I can't know anything for a fact unless I know exactly what you're using and how you're using it. It's probably best to consult a lawyer if you insist on using the work. Even better would be using a non-copyrighted photo and changing the exact lyrics.

Answer 7

Breasts.

Answer 8

You definitely need permission. However, an alternative would be using a stock photo of two people dancing, with a creative commons license (for most works this means all you have to do is give credit to the photographer)



Secondly, you could use public domain music, or create your own text.

If you were to ask for permission through a letter, even for charity, it would take a long time and possibly not even work.

Answer 9

Like most others are saying, you do have to have legal confirmation to use the picture or the lyrics. The reason why is, you are using it to gain a profit, even if it is for charity. Gaining money off of something that isn't yours is considered infringement, and the party can choose to sue or not. Even if it's thirty, if the artist or television network catches wind of you selling them, there's not much you can do after that. If you're still curious about it here's a link. Also you should try to make something on your own with it, like draw a picture of two people dancing, or you and a friend then Photoshop it, because just taking a screenshot off YouTube and Photoshopping it, even if you were allowed to use it, thats still pretty lazy work, and if you aren't willing to put in the effort to make something original for a charity, you shouldn't be even trying to do it, that isn't you caring about the charity, just trying to look like a nice person.

Answer 10

don't do ittttttttttt

Answer 11

Like most others are saying, you do have to have legal confirmation to use the picture or the lyrics. The reason why is, you are using it to gain a profit, even if it is for charity. Gaining money off of something that isn't yours is considered infringement, and the party can choose to sue or not. Even if it's thirty, if the artist or television network catches wind of you selling them, there's not much you can do after that. If you're still curious about it here's a link. Also you should try to make something on your own with it, like draw a picture of two people dancing, or you and a friend then Photoshop it, because just taking a screenshot off YouTube and Photoshopping it, even if you were allowed to use it, thats still pretty lazy work, and if you aren't willing to put in the effort to make something original for a charity, you shouldn't be even trying to do it, that isn't you caring about the charity, just trying to look like a nice person.

Answer 12

Like most others are saying, you do have to have legal confirmation to use the picture or the lyrics. The reason why is, you are using it to gain a profit, even if it is for charity. Gaining money off of something that isn't yours is considered infringement, and the party can choose to sue or not. Even if it's thirty, if the artist or television network catches wind of you selling them, there's not much you can do after that. If you're still curious about it here's a link. Also you should try to make something on your own with it, like draw a picture of two people dancing, or you and a friend then Photoshop it, because just taking a screenshot off YouTube and Photoshopping it, even if you were allowed to use it, thats still pretty lazy work, and if you aren't willing to put in the effort to make something original for a charity, you shouldn't be even trying to do it, that isn't you caring about the charity, just trying to look like a nice person.

Answer 13

You will need permission (even for charitable causes) from the owner(s) of all the "intellectual property" involved. Lyrics to published songs are currently in an odd legal gray area, due to the number of websites which display lyrics without permission. But, the main difference is that those websites do not sell the material they are displaying. Here, you hope to sell an image taken from a popular TV show. Even if the people involved are not clearly identifiable, I'm guessing you can still see the set design and other aspects of the show which were made by hard-working, paid designers, set workers, etc. And, to boot, the final image was captured by their on-set camera team. All of this cost them a lot of money. With still images, however, if you alter enough of the image to the point where it becomes a completely new work, that's another story. But, in legalese it comes down to measuring the percentage of difference. Orginally, this was to allow for works of art (such as collage, or works of satire or parody to be made). Still, even in that case, it's best to get permission if the work is ever to be released for public consumption. Although your cause may be noble, the original owners of the intellectual property are under no obligation to let this slide. And, they may have every right to issue you a cease and desist order, followed by whatever legal action they'd want to pursue for damages to their brand. This has already happened when Beastie Boys songs were co-opted for a few commercials, some of which with very positive goals in mind. The Beastie Boys have maintained a policy to never allow their music to be used for any kind of promotional purpose. And, so, legal action followed.

Answer 14

The silhouette should be fine. The lyrics are not. Based on things I've read in the past, there is a law about art that says if you are creating and selling it where the intention is clearly the aristry (and a significant percentage of the image has been changed) it is legal to sell. It is not legal if the "celebrity" factor is what is selling the product. For instance, a photorealistic image of a movie star that looks exactly like him would not be legal to sell -- since the selling factor is his recognizable face. But an abstract painting of someone that shows creative work is ok. Basically you need to show that you are selling the artistry and not the celebrity/copyrighted content.

Answer 15

Your edited silhouette likely would be viewed as a derivative work. Derivative works require the permission of the copyright holder.



You need permission to use the lyrics. Using them without permission is copyright infringement.



It's irrelevant that the proceeds are going to charity. Also, to you it may be only 30 shirts, but you can very much impact the market for things like, say, official Britney Spears shirts. Once you sell these, they're out of your hands. Anything decent ends up on the web, even if just in a tourist photo. It's like giving it to the whole world for free. It goes everywhere. You can't get it back.



If you really want to do this specifically, you should consult a local attorney, who can see exactly what you're doing and why. It's safest to just do your own original work from scratch. But most people who do quality work from scratch aren't happy putting it on t-shirts with all the proceeds being given away. Those (illegally) copying from others' work don't have such a problem with it.

Answer 16

My comments are based on my career as a published songwriter/lyricist, and a short time working for an Intellectual Property firm. First, whether you plan to sell them for charitable purposes is totally irrelevant. The facts are that the song was automatically copyrighted the minute it was written, under US Statute. And any professional or even nonprofessional songwriter would have also formally filed for a copyright with the Library of Congress, which affords further protection to the owners of the IP, typically the songwriter(s) themselves. Once registered with the LOC, a violation of said copyright leading to accusations of copyright infringement. The penalty for infringement is $150,000. That’s for starters, you would also be liable for any damages the court determines you owe to the copyright owners, so we’re talking big bucks here. And delaying your project wouldn’t help as copyrights for songs, lyrics, and compositions are in effect for 75 years (even after the death of the original owner the remaining years go to their beneficiaries).



Your argument that it is only a few words, or sentence, is not a legally valid defense. The only legal way to use the lyrics would be to contact the owners of the copyright, which may be a major corporation, and work out a deal for them to “license” the rights for you to use the lyrics. Such non-exclusive license could wind up costing you significant dollars. The chance that they would give you “licensing” rights for free is up to the owners. Or they could simply deny you the right to use the lyrics, and doing so illegally could be very costly.



What you need is an Intellectual Property Lawyer to handle this matter for you. But, don’t forget the lawyer’s fees for their time, regardless of the outcome. I assume that using the picture, will be very similar to using the lyrics, as they are both Intellectual Property. The safest thing to do would be to have an initial consult with an attorney.

Answer 17

Pertaining to the photo, simply making a silhouette out of the dancers isn't enough; someone could still recognize the pose and make some legal fuss over it. Even with the slight camouflage, it is still rather risky. (Now as for the pose itself, maybe you and a friend could do the pose instead, then make the photo of the two of you out of a silhouette instead--but only after you've done some research on how many people used that pose before; whether or not it's a typical dancing pose or if the pose was unique to only those two dancers on "Dancing With the Stars." If it was something they invented, then you and your friend will want to either use a common dancing pose or one that you yourselves invent.) Pertaining to the lyrics, these pose a bigger risk as they will be un-edited to seem different; it will make them quite recognizable to people who obtain the shirt--and that is where Brittany Spears could want you to pay her royalties. You are doing her a favor only if you cite on the shirt "Brittany Spears" or "lyrics by Brittany Spears"--but even then, you would still need her permission to use them on the shirt. For both scenarios, whether the money from these shirt sales go to charity or not, it still becomes problematic when the content of an artist, TV Show--nything from the media that you didn't create--is being used for some kind of profit without their consent. (Even if it weren't for profit, they still want to be the ones who give you permission to use their content.) And while I speak from copyright law specifics itself, I would recommend that you consult an attorney for any further legal advice on this matter at hand--as my advice can't override any advice that they could give you. But instead of consulting an attorney, using Brittany Spears' lyrics, using a Dancing With the Stars photo in silhouette form, etc., you could save yourself a lot of time (and definitely not have any pressure on what is legal vs. what is not) if you take a photo of you and a friend doing a dance of some sort (providing the pose is either a commonly-used one, or one you me self) and turning that into a silhouette, and use lyrics (or a phrase) that you can think of; something catchy and unique that can ensure sales for your shirts. The clothing business (and really any business) is always looking for something new; something fresh when it comes to profits--and people would definitely want to buy a shirt that you don't see everyday. I know I would! :)

Answer 18

There are two issues. First is copyright. The copyright to an image belongs to the person who creates it. If you took the picture of MJ, you can use it as you please. If you didn't, then you are violating the copyright owners rights by using it without his permission. Second is the right of an individual to profit from their own likeness. If you take a picture of someone and use it commercially, they (or their estate, in MJ's case) have the right to be compensated for that use. They cannot stop you using it, but they can make you pay a fee to do so. If you can't agree on a fee, then a court will impose 'just compensation'. Richard

Answer 19

Be sure that the picture photoshopped is from a clip art or any other web-based device where you can legally disseminate pictures for free, and be sure that the lyrics are your own or are in the public domain. Even if you are not going to seriously monetize on your t-shirt (assuming that you are probably a nonprofit organization or a 501(c)3)), if your picture is not yours or if the lyrics are not public domain or yours, it is still prudent to clear the rights of the third party, especially if the third party is a big-name company or if the lyrics are borrowed from a very important living celebrity singer, before you do your T-shirt project. If you continue to do this and you get a cease-and-desist order from the third party or parties, you need to stop the T-shirt production before you end up with a costly infringement lawsuit.

Answer 20

Be sure that the picture photoshopped is from a clip art or any other web-based device where you can legally disseminate pictures for free, and be sure that the lyrics are your own or are in the public domain. Even if you are not going to seriously monetize on your t-shirt (assuming that you are probably a nonprofit organization or a 501(c)3)), if your picture is not yours or if the lyrics are not public domain or yours, it is still prudent to clear the rights of the third party, especially if the third party is a big-name company or if the lyrics are borrowed from a very important living celebrity singer, before you do your T-shirt project. If you continue to do this and you get a cease-and-desist order from the third party or parties, you need to stop the T-shirt production before you end up with a costly infringement lawsuit.

Answer 21

The silhouette should be fine. The lyrics are not. Based on things I've read in the past, there is a law about art that says if you are creating and selling it where the intention is clearly the aristry (and a significant percentage of the image has been changed) it is legal to sell. It is not legal if the "celebrity" factor is what is selling the product. For instance, a photorealistic image of a movie star that looks exactly like him would not be legal to sell -- since the selling factor is his recognizable face. But an abstract painting of someone that shows creative work is ok. Basically you need to show that you are selling the artistry and not the celebrity/copyrighted content.

Answer 22

If the silhouetted image is very general and cannot be identified as being derivative from the original work, then it s fine. In that case, you ve created an original art work.



The fact that you used someone else s photo as a "model" is not relevant. To be safe, try removing or shuffling around any elements that are distinctive, and perhaps add additional artistic elements that are not from the original source. Better yet, look up sources of public-domain or royalty-free images on the internet to use as a model. In those cases, you can use the entire image!



Using a single line from a song is not a copyright vioaltion, especially if it is a popular phrase. Unless the work is used in a derogatory or slanderous way, this is considered to be promotional for the artist.



If you were getting rich from it and selling millions of T-Shirts, someone might argue a point, but if you meet this criteria, then you are in the clear.

Answer 23

If the picture is of an artist you not only need the artists permission you also need the photographers permission too unless the contract in witch the binding distributor is set to the artist or in some cases the artists manager. In many cases when an artist is being publicized by an external company or organization the manager will want to do a manual background check on it to see if the company or organization is a good fit for the artists presentation. If the manager uncovers something he/she doesn't like the request for using his identification in association with your organization will more than likely be denied.. If there is inadequate information because your charity is a new charity they may view it as a grey area where it seems like a gamble. Celebrity Management doesn't like to gamble with there clients futures or image.



It is a lot of work to endorses a celebrity figure into a company, organization or charity. My best advise for you is to do your home work and make sure the message that you are trying to convey is within the spectrum or boundaries of the message the artist in question is trying to convey or present.

Answer 24

You can't think of one original idea for your shirts? Not every artist wants to support or be associated

with every charity or cause out there-- even when proper clearances are sought and given and a lot of money paid out. You aren't "designing" anything--;you just want to copy something quickly and easily. Photoshopping a photo to look like silhouettes isn't even as "transformative" as if you did a silhouette painting based on the photo or did some colorful silkscreen process ( and there are cases where an artist did do this and still got sued). And why would you you even want to use lyrics from a sexually charged song like "Toxic". What kind of charity is this? By now, you've gotten a whole lot of "no" and yesses from idiots who learned about copyright laws from self-wrotten YouTube disclaimers, as well as folks who make up their own laws concerning things like property rights and taxes and things commonly accepted by the majority of sane, civilized people.

Answer 25

what you are talking about doing is not a good idea, as you don t have the rights to either the lyrics or the photograph. The only way you can do anything with an image is to obtain permission from person who took the photograph. Several years ago, I found a picture on Flickr -and then I made some awesome photoshop adjustments. I asked for permission from the person who took the picture, who granted permission for a while, but then they changed their mind and asked me to remove the picture which I did. The best thing for you to do is come up with your own lyrics and your own photograph or picture that you ve drawn yourself. That way you don t run into any problems.

Answer 26

If the charity is for a cause either or both might support, you could write to Britney Spears record company or manager (found via the record company) and Dancing with the Stars as well - and include the exact words being used and showing the photo being used. You might not hear back from either but at least you can show an attempt that you asked for permission. And make sure it's certified to prove that someone received the request.

Answer 27

Copyright laws still apply. It doesn't matter if you're not the one making money from it, the people who produced the lyrics and everything still hold the right to grant or deny you permission to use them and at what cost. Some people would be cool with it under certain conditions, but with people like Britney Spears and such I'd think your best bet would be to design something yourself, or see if you can contact some local bands and photographers who would be willing to help out or at least give you advice. There might be some in your area who already worked with the charity you picked.

Answer 28

Like most others are saying, you do have to have legal confirmation to use the picture or the lyrics. The reason why is, you are using it to gain a profit, even if it is for charity. Gaining money off of something that isn't yours is considered infringement, and the party can choose to sue or not. Even if it's thirty, if the artist or television network catches wind of you selling them, there's not much you can do after that. If you're still curious about it here's a link. Also you should try t

Answer 29

You need permission like previous statements say. If you are trying to do this on the low (and not spend a bunch of $$) I would recommend trying for something similar, that will get the point across but will not infringe upon Brittany Spears. You could always write her a letter, and I would include a sample, or picture of the shirt you plan to make to help explain.

It may be best to explore other options as well. I hope you succeed!

Answer 30

under a common license if the maker put that on the photo giving permission to use it as part of creative commons you can use the image in particular if the image is altered enough.put it another way it is Art and there was a time when it was understood as.Censorship is disguised by copyright.there was a time when photos were not thought as being copyrighted.you own the photo you took not the person.you did not personally steal their lyrics and it would not matter if you did since available in song books and albums.the mind set behind censoring the web is corporate and it is censorship. fantasy writers seek to censor works copied by others also under intellectual copyright laws which are absurd for reason the person publishing the book spreads it and does not languish forgotten in a used book store. the more people who share lyrics or books the better.were is making music i would wish distributed as wide as possible. Absurd things happen like copyrighting Gospel recordings of songs about Jesus Christ also.

Answer 31

When it comes to the picture, it is somewhat risky when it comes to copyright. When it comes to lyrics however, it's hit or miss. It depends on the artist, I know Taylor Swift copyrights a lot of her phrases, but I think that's sort of an odd thing to do.

The people don't care whether your donating it to charity or using it to buy drugs. They're gonna want to try and sue you and take your money.

Answer 32

You will need permissions, however, since the profit will donated to a charitable organization, the copyright holders are more likely to grant you that permission.



I have had a teacher requesting the permission for a song from a high profile musician, and because it was for a charitable cause the songwriter support, the permission was granted.

Answer 33

Pertaining to the photo, simply making a silhouette out of the dancers isn't enough; someone could still recognize the pose and make some legal fuss over it. Even with the slight camouflage, it is still rather risky. (Now as for the pose itself, maybe you and a friend could do the pose instead, then make the photo of the two of you out of a silhouette instead--but only after you've done some research on how many people used that pose before; whether or not it's a typical dancing pose or if the pose was unique to only those two dancers on "Dancing With the Stars." If it was something they invented, then you and your friend will want to either use a common dancing pose or one that you yourselves invent.)



Pertaining to the lyrics, these pose a bigger risk as they will be un-edited to seem different; it will make them quite recognizable to people who obtain the shirt--and that is where Brittany Spears could want you to pay her royalties. You are doing her a favor only if you cite on the shirt "Brittany Spears" or "lyrics by Brittany Spears"--but even then, you would still need her permission to use them on the shirt.

Answer 34

There are a lot of laws, as my uncle likes to saw. Based on the barrage of Nintendo theme knockoff games I have seen for phones and tablets, your likelihood for legal liability is relatively low. I have seen several instances where religious charities blatant infringed copyrighted work, but it is for a good cause, right? The real problem is your lack or creativity. You could easily recreate a dancing with the stars type scene and give your donors a unique keepsake.

Answer 35

Apparently there are gray areas in regards to copyright laws. Check out the two websites below for specifics. After reading these it appears that you may want to get permission from the producers of the material. Even though the number of shirts will be limited and it is for charity to be on firm legal ground contact the producers of the show. Check out the websites and see what conclusion you make of them. Chances are if you do make the T-shirts and distribute them in limited numbers nothing will come of any copyright infringement.

Answer 36

you should find who owns copyright to the movie and then send them your query asking for permission in written form, after that you can use the material.

Or you can just take pictures of some people dancing, (your friends and family) make sure they stand like you want them to stand (eg: just like the people in the copyrighted image) and then use this picture, which will be your own picture without asking anyone's permission, and you can happily say that you have been inspired by Dancing with the Stars. Same with whatever lyrics, just modify it enough so it is just "influenced by" and not copy and paste.

Answer 37

You have copied work from a show on TV, so you have breached copyright. It matters not the uses you indent for that copy. You have also altered the material, so you have breached the integrity of the image.



It would be foolish for you to try to sell, for any purpose, the material you have produced, even if it is t-shirts for charity. You should contact the producers of the TV show and state what you want to do - they may well say "ok" and even not ask for any payment for the use of the image, especially if it is not recognisable as sourced from that show.



Can you not make your own photo of dancers looking as you want them to look?.

Answer 38

Does this artist or singer/song writer have a website? There is usually a public relations manager listed on that website for people to contact and find out the names and contact information of people that may be interested in helping you out. If you are legit and have done this type of thing before and can prove to them you know what you are doing with a portfolio of past work then they might agree to it on the premise that you allocate a percentage of your profits and therefore donation over to them or in their name. It is always best to try and partner up with the potential enemy that is bigger than you. If you do not think you can beat them try and join them. Right? If they think the shirt will sell well and they will get a significant contribution out of it to a qualified charitable organization it will be hard to say no to your idea since they won't actually be spending any money plus receive the benefits of the deduction and all the free marketing and promotion that comes with people actually wearing your shirts in public. they may try to step into your creative zone though so beware. If they are being represented they will want to be represented in a way that is suitable to them. They will want to make sure the shirt is classy and does not look like it was home made. So it could cost you a little more than you wanted or anticipated. Plus you need to make sure your charity is qualified and recognized by the IRS and gov as a charitable org, otherwise no deduction. Unfortunately celebrities are not philanthropists for free. They like to get paid or get savings in exchange for their philanthropy. If they do not get back to you in a sufficient amount of time or flat out turn you down you could possibly alter a few words so that your t-shirt does not lead back to them and their name without any doubt. You can put your creative skills to the test here and make subtle references to the artist, yet if ever questioned about it you could then argue it was not intended to represent the artist in any way. Then your email would backfire though as they could just show that to the the court. Then your intent will be there even if it is super subtle. So if you think you can be subtle and creative go for that instead. You don't want to have some accountant micromanaging you. Make sure the charitable org is OK with you doing what you are thinking about doing as well. if you advertise that the sale of the shirt and proceeds go to that org, you will be in fact acting as an agent for them. The artist could then sue the charitable organization for the profits they lost out on from the shirts. How about you just make a cool shirt. Like a black t shirt with a box in the middle and a bunch of color splashing within the borders of the box. A shirt like that made with good quality materials would probably sell better than a shirt with lyrics on it. I personally am not one of those people that like to advertise my favorite artists and their words to the public. I like to express myself with the clothes I wear. I believe I am in the majority too. You would probably be more successful just going for original my friend.

Answer 39

With still images, however, if you alter enough of the image to the point where it becomes a completely new work, that's another story. But, in legalese it comes down to measuring the percentage of difference. Orginally, this was to allow for works of art (such as collage, or works of satire or parody to be made). Still, even in that case, it's best to get permission if the work is ever to be released for public consumption.

Although your cause may be noble, the original owners of the intellectual property are under no obligation to let this slide. And, they may have every right to issue you a cease and desist order, followed by whatever legal action they'd want to pursue for damages to their brand.

Answer 40

You can't use the image without permission. That would be copyright infringement. Even making a silhouette would be classed as a derivative work and still llegal. You can't use song lyrics without permission for the same reason.



Doesn't matter if it's for a charity or not. Charities can still be sued for copyright infringement.



I strongly suggest you use your own photo, and your own words instead.

Answer 41

Images, photos, quotes, song lyrics can all be copywriter and owned by the person or persons who wrote or designed them...that means you or any one else has absolutely no right to use them under any circumstances what so ever! Unless you have specific permission for each and every thing you wish to use....no matter if it is for a charity or not! They don't care what it's for! They have the soul sole rights to their property and if you do this you can be fined and possibly go to jail plus the person or persons who printed this stuff on your T-shirts! You are treading on very very serious grounds! You could end up really really sorry!

Answer 42

Alright without a creative commons license or written permission, the law only allows for something called appropriation in these instances. Thats like, photo collages, matte paintings, or sampling a single guitar pluck to use in your music, all that stuff is covered under appropriation but it requires the original be modified to the point where the modifications actually become original work. What isn't covered is say, lesser image manipulations where you just edit their face or color correct it or something, or if you sample an entire bar or riff like Kanye West did with Daft Punk. For anything inbetween the line is kind of blurry, but as long as its derivative and not a blatant copy you should be fine. if you yourself painted the silhoette it should be covered. But just to be safe, i always advanced search on google or flicker and check the box that says "commercial reuse with modification" because these are always ok to play with.

Answer 43

Ignore this copyright crap. People who back this legislation are often a tad nuts. Copyright infringement is such a common thing, as long as you not making big bucks it's very very common place. As it should be.



Any artist who sued someone for using part of their lyrics to raise money for charity would come out worse if they sued. Just make sure it's for charity :)

Answer 44

If you can't tell what the picture (was) you should be fine with that technically, but you'll never get permission to use the lyrics. Copyright law is serious business. Don't go near it!

Answer 45

Copyrights are very specific and the charity would have to have permission to use the lyrics by who ever owns it. The picture if original could be protected by copy write, You would need to check. the distribution of profits doesn't matter charities have to comply to the same copy writes as individuals. Personally I would check carefully especially about the lyrics.

Answer 46

Do it, let them sue. Then use the publicity! What are they gonna get? Most people don't get it, the laws are on the books, but it's up to the person that owns the copyright to find it, and bring suit in civil court. It's not like you'll go to jail. They have to pay lawyers huge fees to try the case. Never settle, make em go to court, with the time delay and costs, most won't bother unless you're making big bucks off it. Any copyright can be broken, if there's enough money on the upside to do so. even patents can be broken, if one wants to spend the bucks to do so. Will they spend hundreds of thousands and many hours of their precious time worrying about it? I doubt it. The lyric might be easily recognizable but the silhouette, probably not. Can't see their face, then they can't prove it's them. Let em try. If they do, use the publicity to your advantage, make them look like money grubbing scum. Most won't risk it.

Answer 47

Photoshopping an image creates a 'derivative work'. Derivative works are covered under the same copyright as the original work. How you use the image is NOT relevant.

Answer 48

Legally since it is non-profit you should not have a problem. But another thing to consider is the people of the organization may hire fact finders to take legal action. There are too many unknowns but since the neither party is owned by Donald Trump you should get away with it just fine.

Answer 49

Dancing with the Stars=Owned By Disney/ABC Domestic Television



Toxic= owned by two companies, Sony/ATV music publishing LLC, BMG Rights Management US LLC



The copyright law is, you must obtain the legal permissions of three parties listed above to use the work. DADT, SATVMPLLC, and BMGRMUSLLC, if you do not the three parties reserve the right to sue you for a lot of money.



if you use the dancing with the stars image on the shirt, Disney/ABC domestic television will issue you a cease and desist order advising the entire order be destroyed, and to comply with all other requests they may issue.



if you do not comply with it, one of them or both of them will take you to court, they have a very powerful legal team, and you will be sued to kingdom come/out of house and home. the company to sue you first will not be ABC, ABC will not carry a lawsuit out. its owners will carry a lawsuit out on you, The Walt Disney Company and Disney Enterprises Incorporated.



the lawyers they have are very powerful, you have no chance at winning, they very aggressively protect Intellectual property, you will be gone after until they get what they want from you, charity or not.



Toxic's writers, you will be issued a cease and desist by Britney's legal team, you do not comply with that, it goes through Sony and the BMG group. Britney at the time was signed to Jive Records, Jive no longer exists as that was absorbed into the Sony BMG system. and its now defunct.



Sony/ATV music publishing and BMG Rights Management US LLC will sue you for damage for the slightest use of Toxic, you'll be out of house and home, and their lawyers will win against you charity or not.



you will need to obtain the clearances to use the work, no clearances, you don't do the venture, simple as that.

Answer 50

Write the copyright holders- as this is for charity I would bet that they might not only say yes to using their stuff but they'll probably be willing to make a donation.

Answer 51

IF YOU REALLY ONLY MAKE 30 NO ONE CARES

IT TURNS ON THE AMOUNT OF MONEY INVOLVED

yes it could possibly be taken as an infringement, but a case of 30 IS NOT WORTH ANYONE'S FILING AN EXPENSIVE LEGAL CASE

THE WORST THAT COULD HAPPEN IF SOME HEARD OF IT , IS TO CALL YOU AND ASK YOU TO NOT DO MORE THAN 30 ,,,,HELL I PAINTED FORD ON MY CHEVY AND NO ONE GIVES A DAM

but if I paint FORD on every Chevy ever made I would be taken to court

see how it works , YOUR 30 IS TOO SMALL TO MATTER

ONCE YOU GO TO MILLIONS THEN THEY WILL CALL YA OTHERWISE THEY DON'T CARE

ITS THE AMOUNT OF MONEY that will cause an reaction

at 30 its a losing action for them at 30 million its worth it to fight you

No singer or artist is going to file a million dollars law suite over 30 T shirts in the first place and I CAN GUARENTEE NO ATTORNEY WOULD TAKE SUCH A CASE

so your OK for now

Answer 52

Common

Answer 53

You MUST get permission to use these things, especially the song lyrics. Just because you want to make money for a charity doesn't mean the people who own the rights to these things have no say.

Answer 54

In certain cases, yes. For example, Brian Boitano (shortly after the 'South Park' movie) created a t-shirt that asked 'What Would Brian Boitano Do", named after the titular song. It definitely comes down to permission. Some celebrities are extremely stingy when it comes down to it, and will ask for a large cut. Others are laid back and will give you the go ahead.

Answer 55

With still images, however, if you alter enough of the image to the point where it becomes a completely new work, that's another story. But, in legalese it comes down to measuring the percentage of difference. Orginally, this was to allow for works of art (such as collage, or works of satire or parody to be made). Still, even in that case, it's best to get permission if the work is ever to be released for public consumption.

Answer 56

Being that the original was not your own work, it would be considered stealing until you got permission from the original owner in regards to the picture. The others on here probably have a better idea about the lyrical part than I would. :S

Answer 57

-I haven't read all the responses to this question so this may have already been mentioned. There are many wonderful copyright free sources for images. The first that comes to mind is Dover Publications. I have used their images many times in items for sale in limited amounts. They do have guidelines to follow but they are reasonable.

Answer 58

I think you're okay with the silhouette graphic because although it is derivative, it's sufficiently different as to be unrecognizable. The lyrics are protected, even a single line. Changing a few words or paraphrasing the meaning in your own words will eliminate infringement.

Answer 59

You need the written permission of Dancing with the Stars program and tv broadcasting station/network.

Also with the music company and artist that holds the lyrics of the song.

So contact them.

Answer 60

No problem at all with anything you put on the t-shirt. It is the royalty, or the percentage of profits you make according to what you put on the shirt. I would not do it, but that's me. I would some other original way to make money..

Answer 61

If you intend to make money off of this project and you are taking images and or words, or lyrics ( or maybe intellectual property) that already exist and were created by someone else, there probably are copyright issues.

You need to dig deeper into laws about using (and "configuring") already-published or already-created material that someone else has taken some kind of credit for and ia making money off of

Answer 62

None of this work can be originally credited to you. The law says you need permission to use other peoples work.



But the reality is nobody really cares and most people would assume you've already got permission so they would not register a legal complaint. Unless Britney herself or one of her lawyers were notified nobody is going to care.

Answer 63

If its for charity you won't get sued because that will be bad publicity for the person or company who files the claim. Just do it and set aside some money for Uncle Sam, you'll be fine.

Answer 64

If the image can be easily identified as that moment in the Dancing with the Stars show, you can get sued. If it isn't satire then you are in trouble basically. I would try using something that isn't copy righted and for free on the internet.

Answer 65

I am not going to chime in on the legality of all this because you seem to of gotten a lot of that already but I just wanted to add that the fact that you are even asking or did ask, to me says u already know the answer is a big no and that it is a big no no. So deep down your conscience is telling you that this is not ok so next time listen to it

Answer 66

I'd be safe and seek the "expressed written permission", from the show's media production company---who shouldn't have that big of a issue with your charity project. However, with their permission will likely be a sales "monitor", who will want to see sales profits from your charity project.

Answer 67

You are proposing theft of intellectual property and justifying it by a charity you have chosen. No, Robin Hood it's still against the law.

Answer 68

Nothing will happen legal or not. They haven't got time to sue random people, they'll get nothing out of it other than wasting their own time and money in legal fees. They've got more important things to worry about and rich people/companies to sue than someone making a t-shirt.

Answer 69

There is no law that say's you can not make a T shirt as you like! if Verizon wireless allows sprint and other

cellphone companies to use their name in their commercials to bash their high prices and do not sue them you can do what the phuckk you wanna

do!.

Answer 70

I think you already knew the answer to this question before you asked it. Of course, you're infringing on copyright, especially with the lyrics.

Answer 71

It's a good idea to donate charity

Answer 72

Long story short: the image can look nothing like the original, you need to change every pixel. The original creator basically owns the intellectual rights to the exact sequence of pixels in the image... the more you change it the more you protect yourself.

Answer 73

You need permission to use the lyrics. Using them without permission is copyright infringement.

Answer 74

The Beastie Boys have maintained a policy to never allow their music to be used for any kind of promotional purpose. And, so, legal action followed.

Answer 75

Your need to touch base with the principles of the material you wish to use. Otherwise you

could tie up the charity and yourself in legal problems.

Answer 76

Ask yourself this I can't go around selling downloads of Taylor swifts new album even if I did not keep all the money and gave it to cancer patients or can I?

Answer 77

Ask permission to use the others work for charity and give them credit. This is the only legal (and moral) way.

Answer 78

I would be careful with this and make sure you are following copyright laws before doing it

Answer 79

You have to define "profits" If you sell something and are incorporated, you will have a tax advantage. Balance all angles. Give personally to org or charity

Answer 80

if you use a copyrighted work to make something, even just a silhouette, it is illegal without permission. whether or not you are doing it for charity.

now, they would still have to prove that you used their imagery, but sometimes, their legal team can be very malicious...

Answer 81

As a lawyer, I recomend that you keep the phrase short because anyone can say anything review local and federal laws where you are located

Answer 82

If u do that u will get Arrested Cause it's a Copyright.

You will need permission for that

Answer 83

Although it may be for a good cause, the dancers and the singer wouldn't appreciate their work going to the market without them knowing.

Answer 84

Permission.

Answer 85

I know 1 copyright laws that say. You can use it for educational purposes or purposes of criticism.

Answer 86

Lyrics are copyright and so are the picture.

Answer 87

I would skip all the trouble and simply use a stock image or some other non-copyrighted image.

Answer 88

Steal is always steal though it may be for donate charity.I think you must take permission from owner , otherwise you can edit or make some different yourself.

Answer 89

you can't use some graphic as you are describing on things to be sold

if these were to be used personally without any profit motive they can be copied

Answer 90

If you copy and paste others design. The person has right to send a legal agreement against your organization.

Answer 91

Youtube videos, audio, pictures are usually meant to be used as nonprofitable but do as you want since its for charity.

Answer 92

Just go for it and find out the consequences later. If it's for a good cause maybe no one will look to fault you.

Answer 93

UM. JAIL- TIME!!









U can get in serious trouble by photoshopping a picture, copying a photo and pasting it onto something. U need the persons permission in order to copyright it. That's why on Cd's it says don't copyright it, but really people " burn" cd's, share it anyways. It isn't really doing much damage bc it's free music, like on spotify. But when you delete a person's music, you start making ads of yourself and showing it on networking sites or any sights. It becomes a serious " BUG". But It's really not damaging a person that much. But.. when you steal a person's design, you copy it and make t-shirts of it. That's stealing someone's idea without it's permission. Example: Beyonce, her yonce font on t-shirts. I know she was angry about it, I would be 2. Because it's original, she self- created that. That's stealing her idea's, ticking people off.



Like what makes me so angry, and made is when people take jessica Alba's face or trying to compare herself to her, then they blur the girls face out or cut the eyes out, make her look bad. I believe majority of that is coming from " china, and Hong Kong". I find it rather annoying.. that when I search items or things of interest. you're kinda bugging me, it isn't what I am looking for. You're kinda bugging other people as well. Um... Kim Kardashian, photo shopping her. Photo shopping, wannabe Sum-41's need to go. I have seen 4 different Cones in one day, I don't even know which one is his. Like I can tell with Derecyk bc he's harder to mimick. Why? Because when he's tan skin he looks pacific islander, his facial structer looks similar to mine, and Jessica Alba's. He also looks like a white guy which he is. But he's a lot harder to imitate, and I can see the difference with him. You can't imitate him. Steven, Cone are harder.. to tell who's.. who. They're more on the average side. I'm not insulting him. It's just easy to look like him. He's original though.



Anyways, I didn't google " bridal veils". lol. I was looking for spanish Mantilla's because it's different, people don't really wear those as hair clips or hair pieces. I believe that's original. Stealing someone's identity, and names and pretending to be them can fall under a serious " law suit". Even singing, sounding like Gwen Stefani can result in a law suit, If u sound like her or even claiming to be her. You're affecting her reputation and calling yourself "mini Gwen".



Gwen looks related to Eminem, it's her face. It's her chin, facial features. She's pretty. Cody looks similar to Gwen.Not Kristina hall. Gavin has a twin. He's been taken. You're harassing Gwen, everyone by trying to look, compare them- self to them.



Jackie Rivero looks similar to kim Kardashian, some what Snookie. She's pretty. She's Armenian, Spanish.

Answer 94

Gray areas

Answer 95

Theres quite a bit check out copyrightlaws.com

Answer 96

Only if sold in a store

Answer 97

You need permission from the show and the lyric owner

Answer 98

Check what the law says

Answer 99

You are telling me Joe Shmoe who print t-shirts in his garage who use images from the internet (i.e 2pac) are getting permission from higher ups?

Answer 100

Sadly yes I think you would be breaching copyright laws.

Answer 101

Derivative permission

Answer 102

So the only talent YOU have is ripping off others work, right? They will catch and press charges and ask for restitution.

Answer 103

Consult a lawyer

Answer 104

You need permission from the copyright holder if It is not your own work.

Answer 105

You need permission from both the BBC and who ever wrote Toxic.

Answer 106

The Grateful Dead said it best, imitation is the highest compliment !!!

If they do ***** at you, it will amount to some excellent free advertizing for your cause.

Answer 107

That is a question you need to ask of a good lawyer. I think I would trust a lawyer more than even those of us on Yahoo Answers.

Answer 108

You will need written permission from the people , to do that legally .

Answer 109

Most likely need permission and written documentation

Answer 110

Who actually cares. what kinda sick people would stop a charity, its not like your claiming the song, money really does **** up people judgments

Answer 111

The law is the law

Answer 112

to better protect yourself you can read the copyright laws that vary from state to state

Answer 113

The basic answer is you need to contact the owner of that image and request permission to use it.

Answer 114

You need go to trustly method for donated. if you use fraudulent method. you can get a report with police

Answer 115

I would not see any reason why you would jave issues, you have changed the image enough that it would be classed as your own works

Answer 116

If you change the picture a little bit then it would still be

Answer 117

Youre gonna get sued

Answer 118

You need permission to use the lyrics.

Answer 119

WHY do you think the laws don't apply to you?

Answer 120

Depends on your state I believe

Answer 121

Not really sure. You would need permission permission think though

Answer 122

You must get permission from the person who wrote it

Answer 123

If I was you I would just ask the persons permission then gind

Answer 124

You'd get in lotta trouble.

Answer 125

In the US yes, in other countries this may be legal.

Answer 126

Depends n the TOS

Answer 127

If the picture is of someone then you have to ask them.

Answer 128

Listen to yeti they know what theirye talking about

Answer 129

I feel a big ol pot of cease and desisit will be brewing soon

Answer 130

Yeah. You need permission.

Answer 131

Need permission

Answer 132

google all the info on who owns photo

Answer 133

Yea what ron said I agree!

Answer 134

Yeah get permission. What all those people above said. ^ lol

Answer 135

would have to report you to the authorities if you intended to wear the t-shirt

Answer 136

copyrights don't exist anymore. today everything is valid!

Answer 137

the best thing is to contact the person/group you saw done it before you

Answer 138

Bottomline.....you're asking to be sued.

Answer 139

I believe you need permission

Answer 140

search google

Answer 141

Would you want someone to steal your original work??? Didn't think so!!!

Answer 142

The silhouette should be fine

Answer 143

Exactly what ichiro said

Answer 144

i need to ponint so it would be great if ytou can just like this and give it 10 points and well both act like i helped you ;)

Answer 145

No copyright is better.

Answer 146

I think the answer is very simple. ASK FOR THE PERMISSION IF YOU DOUBT.

Answer 147

yes

Answer 148

Actually Laws suck

Answer 149

I think it's should be good

Answer 150

I HAVE ALREADY NOTIFIED ABC, UNIVERSAL MUSIC GROUP, AND THE U.S. PATENT AND COPYRIGHT OFFICES OF THIS BLATANT INFRINGEMENT

Answer 151

i know one thing... it won't sell as well as expected unless it's for younger audiences

Answer 152

You have to first get permission from them or its illegal

Answer 153

You need permission

Answer 154

I think you need permission.

Answer 155

yes

Answer 156

Too many

Answer 157

You need permission

Answer 158

Someone will not be very happy with you you need permission! make sure someone like the fbi? approves it idk just have it approved so you don't get sued charged ect hope i helped!

Answer 159

Create your own work and you can do what you want with it.

Answer 160

It's wrong, they are not licensed.

Answer 161

Doon't do it

Answer 162

You need permission.

Answer 163

Nah ur good

Answer 164

as long as i remember, there is no copyright

Answer 165

You need the permission. :D

Answer 166

For yourself its safe. To sell to others it is not.

Answer 167

You goin to jail, daddy.

Answer 168

Just as long as no one is a rat, do it.

Answer 169

Just do it who cares

Answer 170

No lyrics and you should be fine.

Answer 171

best thing to do, don't touch it, you get sue and lock up

Answer 172

I don't think so.

Answer 173

yeah i donatre my D into ur mum last nite(i fuked her in da ***** fyi if ur too stupid)

Answer 174

Why female cant hold menses bleeding? like same same urine?

Answer 175

Go ahead and do it. it'll be fine.

Answer 176

You need a permission to use it..

Answer 177

it depends on the artist.

Answer 178

can't unless you want to get sued.

Answer 179

yes you would need permission

Answer 180

Just do it

Answer 181

cool

Answer 182

could be infringment so tread lightly

Answer 183

Yes you will go to hell

Answer 184

mhm

Answer 185

They are very strict.

Answer 186

google it

Answer 187

Its ok

Answer 188

**** em, who gives a ****.

Answer 189

You will be imprisoned

Answer 190

you need permission

Answer 191

No

Answer 192

No

Answer 193

copy each other

Answer 194

That which was good.

Answer 195

you need permision

Answer 196

yes.

Answer 197

you c an photo shop my boobs

Answer 198

should be fine

Answer 199

i dont recoimmend,that

Answer 200

copy right illegal

Answer 201

dont do it

Answer 202

no

Answer 203

no

Answer 204

ok

Answer 205

Hell no

Answer 206

Um..yes? ... No?

Answer 207

its illegal

Answer 208

yOU wILL gET yOUR *** sUED oFF!!!

Answer 209

F u

Answer 210

^^^Exactly

Answer 211

....

Answer 212

idk