Former President Donald Trump’s campaign may have found itself in legal trouble after selling merchandise featuring his mugshot. Legal experts have warned that this action could potentially violate copyright laws in the United States. The campaign wasted no time capitalizing on the infamous mugshot taken at the Fulton County Jail in Atlanta, quickly printing it on various items such as T-shirts, mugs, koozies, and bumper stickers. Within a short span of three days, the campaign managed to make a staggering $7.1 million from the sale of these products. However, scholars argue that this money may rightfully belong to the Fulton County Sheriff’s Office, the entity that took the photo, as per US copyright law.

According to the University of Georgia School of Law’s Journal of Intellectual Property Law, the law enforcement agency responsible for taking a mugshot is considered the legal owner of the photograph. This means that the Fulton County Sheriff’s Office, not Donald Trump or his campaign, is the rightful owner of the mugshot. Consequently, there are limitations on how people can use such photographs without proper authorization.

Betsy Rosenblatt, a professor at Case Western Reserve University’s School of Law, explains that individuals are prohibited from reproducing, distributing, or making derivative works of mugshots without authorization. Making public displays or performances of the mugshot is also restricted. These limitations pose a challenge for the Trump campaign, as they did not make any alterations to the mugshot, which would have allowed them to claim fair use under copyright law.

Legal experts argue that by selling merchandise featuring Trump’s mugshot, the Trump campaign may have violated copyright law. Since they did not substantially alter the image and are profiting from its use, fair use cannot be claimed. Chris LaCivita, one of Trump’s top advisers, even tweeted a warning to other campaigns, PACs, and scammers who attempted to raise money using the mugshot without prior permission. The tweet emphasized that the Trump campaign would take legal action against those who attempted to scam donors.

The decision to pursue legal action ultimately rests with the Fulton County Sheriff’s Office. While they have not commented on the allegations, they may choose to sue the Trump campaign and others who have used the mugshot for financial gain. However, it is worth noting that the department may consider the expenses and troubles associated with hiring copyright counsel and initiating legal proceedings.

The Trump campaign managed to make a significant amount of money, approximately $7.1 million, from the sale of merchandise featuring Trump’s mugshot. This sum could potentially belong to the Fulton County Sheriff’s Office if they decide to pursue legal action and claim ownership of the image. The timing of this potential legal battle is crucial, as the Sheriff’s Office is currently facing financial difficulties that impact the conditions at the Fulton County Jail.

Fulton County Sheriff Patrick Labat recently pleaded for funds from commissioners to address the dire state of the prison. He highlighted the numerous broken toilets and sinks, describing the situation as a human crisis. Labat expressed his frustration at having to constantly beg for resources to fulfill his duties, emphasizing the urgent need for financial support.