What requires a license and legal questions for product reselling

[ddzc]

Hi all and @Vigilante

I've compiled a few questions which I would like a clear sight on, and require some help and answers.

1 - Selling Photography and Images of actors/actresses and athletes (for eg, as posters). How would one go about selling such products? I see images/photos of shots taken in a movie for example being sold by many...is a license required from Universal Studios for example? If so, hows the best way of confronting them and the process in order to be grant permission to use such images?

2 - Bobbleheads of an actor or movie star - I read a lot about this and was told that you can't copyright an actual person or face and creating Bobbleheads for example of anyone is legal. Is this true or a myth?

3 - Is it legal to produce and sell products with country flags and symbols on them? For eg, world cup apparel and products or country flags.

4 - I was looking in to unique products with sport teams on them (NHL, NFL, NBA). I've already read in to this and it's practically impossible to be a licensee without a ton of experience and already being an experienced manufacturer or distributor. I doubt there's any ways around selling these straight from the factory, other than reselling them from a distributor where there's little to no profit margin left.

5 - This one is a big one as I've done a lot of investigating and I see this being done all the time on every product imaginable in the automotive industry and sold daily on ebay/amazon. Products being sold with car manufacturers names and logos. For eg, automotive carpets with "INFINITI" and the logo above it or valve covers with a car logo on it. Is this legal? If not, how would one go about getting licensing rights in order to do so.

Thank you all,
Dan

 

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[Vigilante]

Hi all and @Vigilante

I've compiled a few questions which I would like a clear sight on, and require some help and answers.

1 - Selling Photography and Images of actors/actresses and athletes (for eg, as posters). How would one go about selling such products? I see images/photos of shots taken in a movie for example being sold by many...is a license required from Universal Studios for example? If so, hows the best way of confronting them and the process in order to be grant permission to use such images?

2 - Bobbleheads of an actor or movie star - I read a lot about this and was told that you can't copyright an actual person or face and creating Bobbleheads for example of anyone is legal. Is this true or a myth?

3 - Is it legal to produce and sell products with country flags and symbols on them? For eg, world cup apparel and products or country flags.

4 - I was looking in to unique products with sport teams on them (NHL, NFL, NBA). I've already read in to this and it's practically impossible to be a licensee without a ton of experience and already being an experienced manufacturer or distributor. I doubt there's any ways around selling these straight from the factory, other than reselling them from a distributor where there's little to no profit margin left.

5 - This one is a big one as I've done a lot of investigating and I see this being done all the time on every product imaginable in the automotive industry and sold daily on ebay/amazon. Products being sold with car manufacturers names and logos. For eg, automotive carpets with "INFINITI" and the logo above it or valve covers with a car logo on it. Is this legal? If not, how would one go about getting licensing rights in order to do so.

Thank you all,
Dan

Your questions will each individually require a bunch of research on your part. I don't know much about any of your specific questions, but will give you an opinion on each. Note that I am not an attorney, this is not legal advice, and for several of your questions asking questions of legality, I would direct you to ask those questions of an attorney because any non-attorneys can't tell you if something is legal or not. That requires a legal opinion.

1. The general rule of thumb is if anyone would sue you for using their images or other works, you need their permission beforehand or you will get sued. Don't look for short cuts. There aren't any. You cannot use anyone's ANYTHING without an agreement with them to do so.

2. See point 1. above. You cannot use anyone's ANYTHING without an agreement with them to do so.

3. Not sure but I bet it is. Research this one.

4. I disagree with your point completely. I did a deal with Dale Jr. (pain in the a$$) and NASCAR (an even bigger pain in the a$$) and we had a great marketing "pitch" but otherwise didn't meet your criteria as above. The key to getting an NHL, NFL, or NBA deal done is finding a license agent that has existing relationships with them. You're not going to call the NHL. You are going to find an agent... a company that has done license deals with the NHL before. The NHL requires you to be a manufacturer, not a middle man. Fine, you represent a factory that wants the license deal. Do a deal on behalf of a factory. Find an agent that can help you. You can find an agent somewhere within this list : http://licensedsports.blogspot.com/2012/03/list-of-nhl-licensees.html

5. See points 1 and 4.

Want to know how I would go about getting a license with Ford? I would start with the president of Ford Motor Company. He's NOT going to do the deal, but I am going to start with him, and he will quickly get me to the right senior executive that CAN do the deal. Most people would start with a cold call somewhere else and get nowhere. If I wanted Ford, I would go HERE : http://finance.yahoo.com/q/pr?s=F+Profile then I would find a way to get access to Bill Ford Jr. I would make his secretary my best friend. Find a way.

 

[ddzc]

Your questions will each individually require a bunch of research on your part. I don't know much about any of your specific questions, but will give you an opinion on each. Note that I am not an attorney, this is not legal advice, and for several of your questions asking questions of legality, I would direct you to ask those questions of an attorney because any non-attorneys can't tell you if something is legal or not. That requires a legal opinion.

1. The general rule of thumb is if anyone would sue you for using their images or other works, you need their permission beforehand or you will get sued. Don't look for short cuts. There aren't any. You cannot use anyone's ANYTHING without an agreement with them to do so.

2. See point 1. above. You cannot use anyone's ANYTHING without an agreement with them to do so.

3. Not sure but I bet it is. Research this one.

4. I disagree with your point completely. I did a deal with Dale Jr. (pain in the a$$) and NASCAR (an even bigger pain in the a$$) and we had a great marketing "pitch" but otherwise didn't meet your criteria as above. The key to getting an NHL, NFL, or NBA deal done is finding a license agent that has existing relationships with them. You're not going to call the NHL. You are going to find an agent... a company that has done license deals with the NHL before. The NHL requires you to be a manufacturer, not a middle man. Fine, you represent a factory that wants the license deal. Do a deal on behalf of a factory. Find an agent that can help you. You can find an agent somewhere within this list : http://licensedsports.blogspot.com/2012/03/list-of-nhl-licensees.html

5. See points 1 and 4.

Want to know how I would go about getting a license with Ford? I would start with the president of Ford Motor Company. He's NOT going to do the deal, but I am going to start with him, and he will quickly get me to the right senior executive that CAN do the deal. Most people would start with a cold call somewhere else and get nowhere. If I wanted Ford, I would go HERE : http://finance.yahoo.com/q/pr?s=F Profile then I would find a way to get access to Bill Ford Jr. I would make his secretary my best friend. Find a way.

Vigilante, you rock...thanks a lot. How ironic you mentioned Scotts page because I've actually been communicating with him for a couple weeks now and I'm setting up a consultation with him for next week to meet him in person (he's only half an hour from me). The fee isn't very low, but I know it will be a really good investment to become more educated and to get things rolling on to the right path.

Thanks again!