quote:
Originally posted by Bublenation.com:
I did a search for it and I couldn't find anything on it. Are we legally allowed to sell Michael Buble merchandise? I have a bunch of great ideas for merchandise and the resources to make it happen, but I want to make sure I am not infringing on any of Michael's or Warner Bros. rights.
If anyone knows the answer to this, that would be great. Thanks!

Tommy Marshall
Founder of Bublenation.com
this is an easy one. ABSOLUTELY NOT. An artist's name and image are very important assets to them, and they have the ethical and legal rights to control them and how they are used. You need permission from the artist and his team and if they choose to, you would contract for a licensing agreement where the artist gets a substantial percentage. But realistically you are unlikely to get any sort of licensing agreement.
Licensing deals are big business and before you even approach an artist you will need a good plan, product design,.... AND require a business attorney to make sure you have all your appropriate business licenses and to review any contracts. There are a lot of companies that are competing to do business with popular artists. There is too much at stake for an artist to risk his name and image on a start-up company. In addition to seeing that you've done all your homework, you'll need to show you have the business experience and track record to make this a successful venture for the artist. Of course, you would also need to have verifiable sufficient financial resources to start and run this business and manufacture product.
You need legal agreements in writing with everyone who has rights. For example, even the photo you are using in your sig is a copyright violation unless you have prior written consent from the copyright holder.
So the bottom line is that an artist works hard to create a name for themselves and so has the right to decide how his name and image are to be used... and who will make money from their image and name. That's only fair. Others can't legally produce merch without permission. Certainly people do so without permission, but then, people get prosecuted every day too. Michael has a very savvy business team looking out for him. This probably isn't the answer you were hoping for, but licensing and rights are serious legal and financial matters.