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[Peltonen]

Hi all,
I live in the Netherlands and have a problem understanding copyright in regards to stencils.

I came across a site where you can download amazing stencils. The owner of the site makes these stencils himself (by editing photos) and allows one to use these stencils on for example mugs, t-shirts etc. Below is a link to one of his stencils and the outline:

http://www.spraypaintstencils.com/a-zlistings/bob-marley-image.gif
http://www.spraypaintstencils.com/a-zlistings/bob-marley-stencil.gif

A lot of you will immediately recognize that it's Bob Marley because we all know this photo (see link)
http://media.photobucket.com/image/bob%20marley/p-tooty/bob-marley.jpg

Although the artist gives explicit permission to use this stencil for commercial purposes on for example mugs, I am afraid that I might get in trouble with the company/record label that owns the copyright (I assume there is one) to this particular image.

I would really appreciate it if anyone could tell me whether I will get in trouble or not!

[Smokin]

its kinda in the gray area, but it leans toward infringing. It would not be hard to argue that its an illegal infringing derivative of the original photo, therefor the stencil maker cant give permission to something he does not own.

Copyrights  aside, you would be infringing on Bob Marley's publicity rights if you commercially exploit his likeness without permission from his estate.

[DogDayPM 9er9er9er]

Copyrights  aside, you would be infringing on Bob Marley's publicity rights if you commercially exploit his likeness without permission from his estate.

Been a while since I looked at publicity rights.  Don't they vary considerably by jurisdiction, particularly in cases of dead people?  (Not even sure as to jurisdiction here - Jamaica?  If so, may still cling to UK-like laws without publicity/likeness rights.)

[Smokin]

Yeah they do, it wasnt long ago that when a celeb died, so did publicity rights, then it used to be that only if those specific rights were passed over to an estate or heir could they be enforced, then even that changed recently to be automatic and they don't even need to be specifically mentioned in a will or inheretied via will or whatever for someone or some company to lay claim to it.

Like you said though it varies from state to state, but someone else mentioned also that some states allow you to sue people from other states or jurisdictions. So like if joe the stenciler lives in "red state that dont give a &*!# about celeb rights" and follows the law there, then Bob Marley in "blue state California who are very friendly to celeb rights" could still be able to sue joe for infringing on his rights. But I admit totally ignorant on that aspect or realm of legal mumbo jumbo.