Can I use images from the Internet on a shirt if I'm not selling it?

[Olivia]

So my friend is a huge fan of Benedict Cumberbatch and so for her birthday I was going to make her a t shirt with Cumberbatch on it. However I'm not sure if I can use pics from the Internet. I've googled it and it says many times that it's illegal but that's only talking about selling the shirt. I'm not selling a bunch of Cumberbatch t shirts, I'm making one and giving it as a gift. Does this still count?

[Geeky Girl]

If there is no profit gain, it technically isn't bad. I mean it could still be considered illegal if you don't give copyright credit to where it came from, but honestly, what is anyone going to do to a fan with a t-shirt? Nothing.

[TheNick]

I don't think it's illegal for personal use, if you only make it once as a gift.
Be sure to use a high-resolution photo!
I've included two you could use

http://nyobetabeat.files.wordpress.com/2...-trek.jpeg

http://www.benedictcumberbatch.co.uk/wor...b578f6.jpg
(this one is perfect for on a black t-shirt)

[Bob]

Normally, copyright in a photograph resides with the photographer, not the person being photographed. If you know the name/email of the photographer then you can simply ask them for permission to use the image for a single tee-shirt. The worst that can happen is they'll say no, and you can try a different photographer.

Or you can simply take the chance that a single tee-shirt will never get noticed, or if it does that the copyright holder will simply let it go. I've had some stuff of mine (not photos but text) put up on the web and it simply isn't worth my time complaining about it.

[Quality]

Hi, Olivia.

In this case, Bob is right. Copyright law does give the creator of a piece of art, in this case the photographer, the exclusive right to determine how that image is used and to make money from people using it. Exceptions come in through what's called "fair use"--basically, using the image in ways that are considered generally important to society, like research, education, and news reporting. Printing an image on a t-shirt, however, usually doesn't count. It's considered a commercial use, because it the photographer otherwise would be able to say how much (s)he would charge to let this photo be printed on a shirt. Doing it without permission steps on the photographer's ability to make money off the work he or she did.

So, yeah, it's technically illegal, even if it's just one shirt and you're not selling it. But the idea of contacting the artist directly to try to get permission is always good. You can also try seeing if anyone on Creative Commons has uploaded a photo of Benedict and has given permission for it to be used in cases like yours. Good luck!

Best,
Sheila
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