Image Rights

clonmel1

Hi

does anyone know is there an official Image Rights law in ireland?

If i was to put images of famous sports stars on tshirts would be i breaching any law?

doesnt seem to be any law on it. just wondering are there any lawyers or experts on here who would know, thanks

Paulw

Copyright would be the first thing that comes to mind. Who took the image you're working from.

Next would be commercial indorsements. Do you have permission from the person in the image, or their club/association, especially if they have any logo.


It's a big minefield, depending on who/what/where, and how you plan to use the image.

clonmel1

Gaa players. would the gaa come after me or the players themselves? id say most of them wouldnt care would they. the gaa probably would though wouldnt they

Paulw

The GAA are very very strict about their IP. Anything with their logo is protected, and they have a legal team that will come after you.

You have to consider - the player, the team/county and then the GAA themselves.

clonmel1

cheers for the info. i wont be using GAA logo. il try get in touch with some players and county boards so. thanks

WildOscar

why would they let you use their image if you are going to make money and they are not?

PCPhoto

WildOscar wrote: »

why would they let you use their image if you are going to make money and they are not?

lol.... sometimes they don't have a choice..... as things like "art" are a grey area with regards to copyright laws, however commercial ventures such as this could have very shakey grounds.*

*while it may not be illegal - there could be a moral issue - if you took an image of X-sports star you can (in theory) sell a T-shirt with an image that you took .... and (in theory) the sports star may (in theory) have no comeback..... However, if said sports star were to take legal action it would cost either side several thousand and not worth the risk.

How many T-shirts sell with images of beckham or some music star and/or band ? how much of that money is "official" merchandise and how much of it is going into the pocket of the seller.

OP - if you are planning on selling stuff - make sure you get a traders licence ...or it could be SERIOUS problems.

NOTE: *= Not legal advice - just my opinion

WildOscar

PCPhoto wrote: »

lol.... sometimes they don't have a choice..... as things like "art" are a grey area with regards to copyright laws, however commercial ventures such as this could have very shakey grounds.*[

i was referring to commercial, in fact anything even art if the art is to be sold could be shaky i would imagine. not advice but opinion based on what i have read

usernamegoes

Could the tort of Passing off apply to this fact pattern?

WildOscar

not sure if it applies here but imagine a similar law would

http://docs.google.com/viewer?a=v&q=cache:_nKpN654QgcJ:www.lawlibrary.ie/documents/memberdocs/privacy.doc+using+likeness+of+famous+person+law&hl=en&gl=ie&pid=bl&srcid=ADGEESiHxPz6CQ6LBRHeiB_ElAv6UvWMYMgTq9lYx0j1tZvwITTHDDdCtt0FYvykqC3niwiXIneJcLoHg2FEmhC-WZq7Cmv-CL235XKl62nFtT-NkKHS58BjYa_rle1ZxrNZFGmoXUCm&sig=AHIEtbSQw0DQ-VGrYflsTKbYA9yDjSlSKA

clonmel1

cheers for the info lads, i contacted one high profile player and he said to give him a ring about it