September 5th 2023.
Former President Donald Trump may have violated another law by selling merchandise featuring his infamous mugshot. Taken after his arrest in the Georgia election subversion case, the mugshot has become iconic - and profitable.
The Trump campaign made over $7.1 million in three days from mugshot shirts, coffee mugs, koozies, bumper stickers, and posters with the slogan “NEVER SURRENDER!” However, some legal experts believe this may be a violation of copyright law.
The Fulton County Sheriff’s Office, which captured Trump’s scowling mugshot, may own the rights to the image. The 2022 University of Georgia School of Law’s Journal of Intellectual Property Law states that in the context of mugshots, the author is the law enforcement agency.
Additionally, individuals may be barred from doing certain things to pictures like mugshots, according to a professor from Case Western Reserve University’s School of Law. These include reproducing, creating a derivative work, distributing without authorization, public display, and public performance.
Though the Trump campaign did not alter the image, they may have known the merchandise could violate the law. Chris LaCivita, a top Trump aide, warned any potential “scammer” without permission not to raise money off the mugshot. The Trump campaign has also warned other printers about the need for permission.
In the end, it may be the Fulton County Sheriff’s Office’s decision on whether to sue the Trump campaign and other unofficial merchandise makers that have profited from the mugshot. Donald Trump is scheduled to be arraigned on Wednesday in the Georgia election subversion case.
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