Legal Question in Intellectual Property in Ohio

Legal info regarding t-shirts.

I own a clothing company that mainly will contain t-shirts of an adult nature. Not pornographic related, but mature themes, such as graphic horror. I need to know what laws their are, if any, that regulate how graphic a t-shirt may be. My other question is regarding selling shirts with other people's likeness. Such as how you can buy an enormous amount of George Bush shirts, mostly negative & derogatory. I would of thought that this would be against the law, & need to know what laws their are that regulate selling shirts with other people's likeness on them. Thank you.


Asked on 9/12/06, 6:34 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Legal info regarding t-shirts.

Most issues arise on a case by case basis. Certain images are protected by copyright of the artist or photographer. Obviously obscene images will get you in hot water. The First Amendment is not absolute, and selling images that violate copyright will get you sued.

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Answered on 9/12/06, 7:06 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Legal info regarding t-shirts.

"I know it when I see it"

- Justice Potter Stewart

Of course, Stewart was referring to hard-core porn. If you're talking about blood and guts, you have extensive, and possibly absolute protection under the First Amendment. If you want to display body parts normally covered by bathing suits, you'd probably be okay in urban and subrban areas but you should consider what the 'community standards' might be. If you're talking NYC, no problem. If you're talking Lufkin, Tx I'd be a lot more conservative. As to famous people, there is significant protection under the First Amendment for parody, satire and critical opinion and truth is a defense to libel. If you're using someone else's artwork you may require a license. Of course, a lawyer would have to eyeball exactly what you're intending to do in order to provide a specific opinion.

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Answered on 9/14/06, 12:56 am


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