Customer wants to copy and sell airbrushed Tshirt, is it legal?

[mattmiller]

(a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.

(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

§ 202. Ownership of copyright as distinct from ownership of material object
Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.


I own a store that can scan and reproduce artistic images. A customer came in with an airbrushed Tshirt he purchased from the airbrush booth in our mall, with the intention of having me scan it, and make copies he could then sell. I took the three entries above from U.S. Copyright Office - Copyright Law of the United States in an attempt to research this issue myself.

My questions are as follows: As it pertains to (a), I am assuming the original copyright ownership rests with the airbrush artist who actually painted it. It's slightly more confusing when it comes to (b). The original artist is employed by the booth owner. How does that affect copyright? Is it with the original artist OR with his employer? Also, would the customer, according to (b), be the 'other person for whom the work was prepared'??

As it pertains to S 202, how does that effect ownership? The artist got paid for creating the Tshirt. It's the only one that exists, and now the customer owns it. Does copyright ownership rest now with the original artist still, or being that money was exchanged, now transfer that copyright ownership to the customer?

I just want to make sure I don't risk a lawsuit or losing my business. Also, we're familiar with the two artists, and they would also like a final answer to their dilemma as their work has been reproduced for commercial use before. Tanks in advance for all your help.


Matt Miller Jr.

Image Arts Etc.