Copyright Thinking of Starting a Parody T-Shirt Business

[Definitely Not Satan]

Jurisdiction

Kansas

I've been doing some reading and video watching on the potential financial benefits of starting a T-shirt business using online print on demand shops as a 'side hustle' of sorts.

I was wondering, in order to create and legally protect my intellectual property, would it be legal for me to make, sell, and copyright the design of parody T-shirts featuring real people if I put a twist on it? For example, both Donald Trump and the McDonald's clown are public figures, and have copyrights outright, or at least certain images of them have copyrights.

Then, if I were to take a copyrighted (if that's even a word) image of Donald Trump and doctor it to make him appear to be made up like the McDonald's clown, slap the label 'McDonald Trump' somewhere around the image, decal a T-shirt with it - Could I legally sell/copyright the design so that nobody else could legally use the decal to make money without my explicit permission? Could a print on demand source legally manufacture and ship T-shirts bearing my decal to myself and my customers?

TY.

 

[adjusterjack]

You want to steal somebody's copyrights/trademarks and don't want anybody to steal them from you. That's a laugh. Once or twice a week we get people like you who want to make a buck off others. What part of infringe don't you understand? You're almost guaranteed to get sued. If you don't believe me, ask a copyright/trademark attorney.

 

[Definitely Not Satan]

You want to steal somebody's copyrights/trademarks and don't want anybody to steal them from you. That's a laugh. Once or twice a week we get people like you who want to make a buck off others. What part of infringe don't you understand? You're almost guaranteed to get sued. If you don't believe me, ask a copyright/trademark attorney.

Doesn't making some significant change make it my own work?

 

[zddoodah]

For example, both Donald Trump and the McDonald's clown are public figures, and have copyrights outright, or at least certain images of them have copyrights.

Yikes. I'd suggest you do some reading about the basic distinctions between copyrights, trademarks and the right of publicity. An "image" can be protected by copyright law, and Donald Trump certainly is a public figure, but fictional characters like Ronald McDonald are not and cannot be "public figures." Nor is Mr. Trump's status as a "public figure" particularly relevant to any of the three bodies of law mentioned above.

if I were to take a copyrighted (if that's even a word) image of Donald Trump and doctor it to make him appear to be made up like the McDonald's clown, slap the label 'McDonald Trump' somewhere around the image, decal a T-shirt with it - Could I legally sell/copyright the design so that nobody else could legally use the decal to make money without my explicit permission?

If you alter an image protected by copyright in the way you mentioned, you would be subject to a copyright infringement lawsuit by the owner of the copyright in the image. The fact your intent might be to poke fun at the person depicted in the image would not be a valid defense. "Parody" is only a defense when you're targeting the copyright-protected work itself. You might also get successfully sued for using McDonald's trademarks (either straight-up trademark infringement or dilution/tarnishment).

Could a print on demand source legally manufacture and ship T-shirts bearing my decal to myself and my customers?

I would expect you'd have a great deal of difficulty finding a legit place that would be willing to do that.

Doesn't making some significant change make it my own work?

Making a significant change to a copyright-protected work makes it a derivative work, and the right to make or license others to make derivative works is one of the rights of copyright that are exclusive to the owner of a copyright.

 

[adjusterjack]

Not if the person's face is recognizable. Read this article on Personality Rights. Scroll down to United States.

Personality rights - Wikipedia

Google the topic for other resources.

The cost to sue you is probably chump change to Mr Trump. The cost to you to defend (and likely lose) the lawsuit would probably put your financial life in the toilet for many years to come.

I suggest you abandon the idea and find something else to do with your talents. Something that's original and doesn't infringe on the rights of others.

 

[army judge]

Could a print on demand source legally manufacture and ship T-shirts bearing my decal to myself and my customers?

Once the "print on demand" company UNDERSTANDS what you've done, I suspect they'd quickly refuse to do whatever it is you're trying to do.

I suggest you RETHINK exactly what you said below.

if I were to take a copyrighted (if that's even a word) image of Donald Trump and doctor it to make him appear to be made up like the McDonald's clown, slap the label 'McDonald Trump' somewhere around the image, decal a T-shirt with it - Could I legally sell/copyright the design so that nobody else could legally use the decal to make money without my explicit permission? Could a print on demand source legally manufacture and ship T-shirts bearing my decal to myself and my customers?

Once you've done that, you'll come to understand why you should disabuse yourself of the entire "scheme".

 

[Definitely Not Satan]

Alright alright. The parody face was just one of many ideas I've had on what to put on my T-shirts. Some of my other ideas include mock pictogram road/safety signs like (and this one I threw away because when I pitched it to my friends they didn't laugh) a yellow diamond with a black pictogram hole and the writing 'CAUTION: WHAT FLOOR?' as a parody of the many-styled 'CAUTION: WET FLOOR' signs available for purchase in many different styles from many different manufacturers.

Does that kind of a vague mock-up violate copyright?

TY.

 

[Tax Counsel]

I was wondering, in order to create and legally protect my intellectual property, would it be legal for me to make, sell, and copyright the design of parody T-shirts featuring real people if I put a twist on it?

That depends very much on the exact details of what you plan to do.

For example, both Donald Trump and the McDonald's clown are public figures, and have copyrights outright, or at least certain images of them have copyrights.

Copyright law protects, as the US Copyright Office explains on its Copyright FAQ page: "...original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture." So images of Donald Trump and Ronald McDonald would be protected by copyright, but not the person or character itself. However, it is not just copyright law that you need to concern yourself with here. For a character like Ronald McDonald there is trademark law and for Donald Trump (and any other actual living person) there is also the right of publicity. Trump and/or his various businesses also have trademark rights concerning use of the Trump name, too.

Then, if I were to take a copyrighted (if that's even a word) image of Donald Trump and doctor it to make him appear to be made up like the McDonald's clown, slap the label 'McDonald Trump' somewhere around the image, decal a T-shirt with it - Could I legally sell/copyright the design so that nobody else could legally use the decal to make money without my explicit permission?

You'd have several issues there. First, using someone else's image and doctoring it will almost certainly violate the rights of the holder of the copyright (which is probably not Donald Trump, but rather the photographer/artist who created it or the person(s) to whom the photographer/artist assigned his/her rights). Second, the use of a character protected by trademark like Ronald McDonald may run afoul of the trademark rights held by the McDonald's corporation. The use of the Trump name might also trigger trademark issues. Finally, there might be an issue of infringing on Trump's right of publicity. While there are certain exceptions to some of this for parody, you really would need to take the images you plan to use and have an intellectual property lawyer review them to assess the risks you'll have in producing those shirts. The fee for that advice will be well spent as infringement of any of these rights can be very costly; indeed, just the cost to defend yourself on infringement claims can cost you a lot of money even if you ultimately win.

Now, it is the case that no one could use the unique image you created without your permission as that too would be protected by copyright, but that does not absolve you of the potential infringement claims you may have against you by others

 

[Definitely Not Satan]

Alright alright. The parody face was just one of many ideas I've had on what to put on my T-shirts. Some of my other ideas include mock pictogram road/safety signs like (and this one I threw away because when I pitched it to my friends they didn't laugh) a yellow diamond with a black pictogram hole and the writing 'CAUTION: WHAT FLOOR?' as a parody of the many-styled 'CAUTION: WET FLOOR' signs available for purchase in many different styles from many different manufacturers.

Does that kind of a vague mock-up violate copyright?

TY.

@Tax Counsel
@army judge
@adjusterjack
@zddoodah

 

[zddoodah]

a yellow diamond with a black pictogram hole and the writing 'CAUTION: WHAT FLOOR?' as a parody of the many-styled 'CAUTION: WET FLOOR' signs available for purchase in many different styles from many different manufacturers.

Does that kind of a vague mock-up violate copyright?

I think it's unlikely, but neither I nor any of the other anonymous strangers who post here regularly can provide you with any sort of protection if someone thinks otherwise and sends you a cease and desist letter or sues you. Your best option is to consult with an attorney (in person or at least by phone or Zoom).

 

[Definitely Not Satan]

I think it's unlikely, but neither I nor any of the other anonymous strangers who post here regularly can provide you with any sort of protection if someone thinks otherwise and sends you a cease and desist letter or sues you. Your best option is to consult with an attorney (in person or at least by phone or Zoom).

Thanks again, whatever professional title you go by (sir, miss, magistrate, judicator).

 

[adjusterjack]

'CAUTION: WHAT FLOOR?' as a parody of the many-styled 'CAUTION: WET FLOOR' signs

I laughed. It's funny.

 

[justblue]

Ya think?