Deflategate, the NFL suspension, Tom Brady and Free Brady! t-shirts

Not long after the NFL issued Tom Brady his deflategate suspension, Barstool Sports issued a “Free Brady!” t-shirt.  The design has a strong resemblance to Shephard Fairey’s “Hope” rendering that was used in President Obama’s 2008 campaign.  Below is a link analyzing the question of whether the Free Brady work is a fair use or copyright infringement, but I have to note that Tom Brady’s Right of Publicity is also implicated by the t-shirt which is not mentioned in the below analysis.

http://www.lexology.com/library/detail.aspx?g=78d1ecda-dff7-4c31-a335-6bcbd9ca9941&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2015-08-14&utm_term=

#deflategate  #FreeBrady #NFL #Bradysuspension #TomBrady #RightofPublicity #ShephardFairey #Hope