I am noticing a TON of Michael Jackson items at Cafepress. ... under the search of Jackson...

Is it all right to make items using Michael Jackson name or face?


Eve
http://www.angelartbyeve.com/

This message has been edited. Last edited by: Eve,

I'm pretty sure you can't use the name or image.

Ask CUP@CafePress.com .

Definitely not. You can use the name Mike, or Michael, but not Michael Jackson. As for the face or any likeness, it is a sure fire no bueno.

CUP department is sure gonna be busy!!

Moving this to the CUP forum.

quote:

Originally posted by superman120:
Definitely not. You can use the name Mike, or Michael, but not Michael Jackson. As for the face or any likeness, it is a sure fire no bueno.

It looks like they already are!
Tons of designs with MJ's face on it already CUP'd
It sure does show how many people really don't get it. It's a shame because some of them are really nice. Now if CP could try and work a deal out with the estate/license like Dexter, Twilight ect we might be able to do a little more.

This topic board is already on the interent.

I found this article interesting about IP rights, in the National Law Journal:

"Michael Jackson's estate will keep busy protecting IP rights
Tresa Baldas

June 26, 2009


It's a copyright and trademark nightmare waiting to happen. " it also states: "But right-to-publicity laws vary state to state, Rubin added. For example, New York recognizes the right of publicity, but that right doesn't survive following the death of a celebrity. That means New Yorkers can likely sell Jackson T-shirts without fear of liability, he said."

Full article here:

http://www.law.com/jsp/nlj/Pub...P_rights_&slreturn=1

thx for the info... not sure I know the difference between putting up tshirts of politicians vs movie stars.

Eve

quote:

Originally posted by Eve:
I found this article interesting about IP rights, in the National Law Journal:
"Michael Jackson's estate will keep busy protecting IP rights
Tresa Baldas
June 26, 2009
It's a copyright and trademark nightmare waiting to happen. " it also states: "But right-to-publicity laws vary state to state, Rubin added. For example, New York recognizes the right of publicity, but that right doesn't survive following the death of a celebrity. That means New Yorkers can likely sell Jackson T-shirts without fear of liability, he said."
Full article here:
http://www.law.com/jsp/nlj/Pub...P_rights_&slreturn=1
Eve

Interesting.
Except CP claims it follows California laws when it comes to rights of privacy & publicity.
Or at least that's what they told me when I tried to do public domain Bruce Lee movie poster art on t-shirts and they CUPed me!

What is the difference between doing tshirts with the winner of American Idol which is ok... versus Michael Jackson? Both are singers, both have albums, both are in concert.

thx.
Eve

Because CP has a license to allow those Idol images, with a long list of rules.

Here is a link to the forum announcement.
http://forums.cafepress.com/ev...f/802104/m/190107503

quote:

What is the difference between doing tshirts with the winner of American Idol which is ok... versus Michael Jackson?

I am extremely mad right now because of this!
Within hours I had designed a Michael Jackson memorial tshirt which featured a silhouetted image of Michael (No name or detailed photo), it was selling well, yet within 24 was shut down. Now, I see there are dozens of shops that are sporting very similar designs. Why havn't they been shut down?

My shop: http://www.cafepress.com/mjmemorial

Think i should send an email to the CUP?

quote:

Originally posted by Benivey2:
Why havn't they been shut down?

They might have permission to use material (I run a few shops under license from the rights holders) or they might not yet have been caught. We can all upload files for production without waiting for them to be reviewed.

quote:

Think i should send an email to the CUP?

Yes- you should always send a note listing the names and/or sections of shops you feel are violating CP's Terms of Service. The more we report apparent violations, the less likely CP is to become the hunting ground of IP lawyers.

chances are, you were caught first, they weren't caught yet. also important to remember, even if you don't use name, image, likeness in your design, it's just as wrong to market using michael jackson, or anything else that's copyrighted/trademarked. so you can have a happy face and the description could say "michael jackson happy face" and it would also not be allowed.

Does anyone know who is handling IP rights for the Jackson estate, for those of us who are interested in submitting for product ideas through the proper channels for approval and paying proper royalties? Thanks!

quote:

Originally posted by Gotframed:
Does anyone know who is handling IP rights for the Jackson estate, for those of us who are interested in submitting for product ideas through the proper channels for approval and paying proper royalties? Thanks!

Probably nothing new is going to happen until the will is probated and any lawsuits that might contest that are settled.