Wearing sports Jerseys such as NFL in videos?

[Jeffs46]

Jurisdiction

California

Hi,

Interested in legal opinions on whether or not NFL/NBA jerseys, t-shirts and hats can legally be worn in videos intended for sites like Youtube? If any, what would the liability be?

If actual jerseys are not okay, what about imitation? How different would they have to be?

Thank you
Jeff

 

[adjusterjack]

Depends on the purpose of the videos.

What's your purpose?

And will you be trying to make money?

As for imitations, they are likely already infringing.

 

[Jeffs46]

Depends on the purpose of the videos.

What's your purpose?

And will you be trying to make money?

As for imitations, they are likely already infringing.

It's a comedy music video... Not intended to make money but in the unlikely event it were to go viral on youtube, I suppose it could.

 

[adjusterjack]

You can't go wrong if you get written consent from the copyright and trade mark owners.

 

[Jeffs46]

I just found the below on Findlaw.com which suggests I do not need permission

As it turns out, as long as official team logos are used as intended, and the use does not disparage or tarnish the trademark, shows and movies can use league trademarks without asking for consent.

 

[welkin]

Hi,

Interested in legal opinions on whether or not NFL/NBA jerseys, t-shirts and hats can legally be worn in videos intended for sites like Youtube? If any, what would the liability be?

If actual jerseys are not okay, what about imitation? How different would they have to be?

Thank you
Jeff

When you buy something that is copyrighted or trademarked like a genuine NFL/NBA jersey or a book or a movie, you are buying the license for personal use for the purpose it was intended. You wear a jersey or a hat, you read a book, you watch a movie, etc. You can then do what you want with the item as long as you don't use the item for commercial purposes such as using a trademark to sell something else.

You can sell the item that you bought but you can't reproduce it. That is called the First Sale Doctrine, which means if you purchase a copyrighted object from the owner of the copyright (or their designated agents), then you are free to resell it or use it.

The Lanham Act prohibits unauthorized persons or entities from using a registered trademark "in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.

Wearing a jersey in a video that does not use the trademark to market something, does not require you to get permission from the trademark holder. You already have a license to wear it. If your video were to go viral, and you made money through a YouTube partners program, that is incidental to the jersey you were wearing.

 

[Jeffs46]

When you buy something that is copyrighted or trademarked like a genuine NFL/NBA jersey or a book or a movie, you are buying the license for personal use for the purpose it was intended. You wear a jersey or a hat, you read a book, you watch a movie, etc. You can then do what you want with the item as long as you don't use the item for commercial purposes such as using a trademark to sell something else.

You can sell the item that you bought but you can't reproduce it. That is called the First Sale Doctrine, which means if you purchase a copyrighted object from the owner of the copyright (or their designated agents), then you are free to resell it or use it.



Wearing a jersey in a video that does not use the trademark to market something, does not require you to get permission from the trademark holder. You already have a license to wear it. If your video were to go viral, and you made money through a YouTube partners program, that is incidental to the jersey you were wearing.

Thank you!

 

[zddoodah]

Interested in legal opinions on whether or not NFL/NBA jerseys, t-shirts and hats can legally be worn in videos intended for sites like Youtube?

Depends on the contents of the videos.

If actual jerseys are not okay, what about imitation?

Define "imitation."

How different would they have to be?

43.

Seriously, this question cannot be meaningfully answered in the abstract.

It's a comedy music video.

Probably fine, but the NFL in particular is notorious for over-enforcing its copyright and trademark rights.

As it turns out, as long as official team logos are used as intended, and the use does not disparage or tarnish the trademark, shows and movies can use league trademarks without asking for consent.

That's true as far as it goes, but the intended use of NFL/NBA logos is to promote those leagues. Will your videos be promoting the leagues?

Question: why is it (apparently) important that you wear these jerseys in your videos?