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[jjs7758wacky]

Using hand drawn images of famous people on items for sale.

What are the hurdles of say selling a coffee mug with a caricature of Brett Favre on it?

Many Thanks!

[Smokin]

Merchandise VS Art.

If its merchandise, then you need to get permission from brett to use his likeness to sell a mug, shirt, candy, rogain, whatever. (right of publicity)

If its art, then its your first amendment right to draw to your heart's content.

Defining what is and what is not art is sometimes difficult and at times debatable, but a single caricature drawn from scratch belongs to the artist and is definitely considered ART. A caricature printed on 1 million mugs is definitely considered merchandise for commercial purposes. A caricature drawing with 2000+prints signed and numbers is the grey area. Some can argue its art, and some can say its commercially exploiting the likeness of Brett Farve and violating his right of publicity (the right to make $$$ off of himself). That being said I have no doubt some lawyer can argue that a single drawing/caricature is still a violation of publicity rights, and another can argue that a drawing on a million mugs is protected under the first amendment.