Am I in Violation of Copyright Infringment?

if I use an image of a soccer player that is wearing a Syracuse Orange uniform but the spelling of “Syracuse” on the jersey is partly covered?

Yes, using an image of a soccer player in a Syracuse Orange uniform, even with part of the “Syracuse” name obscured, could still raise issues under trademark and copyright law. Here’s a detailed look at the potential risks:

1. Trademark Infringement Risk

Syracuse University’s name, colors, and logos are protected by trademark law. Even if the word “Syracuse” is partially covered, other recognizable elements (e.g., colors, fonts, or design patterns of the uniform) could still clearly identify the team.
Likelihood of confusion: If the image suggests an endorsement or connection to Syracuse University, especially in a commercial context (such as using it for NFTs or merchandise), it could potentially infringe on Syracuse’s trademark rights.
Risk level: High if the image is used in a way that promotes your business or suggests affiliation with the university.

2. Copyright Infringement Risk

If the photographer or copyright holder of the original image did not grant you permission, using it without a license could infringe copyright law.
Even if you partially alter the jersey by obscuring letters, copyright infringement still applies to the underlying image unless the changes are transformative enough to create a new, unique meaning or context.

3. Fair Use Considerations

Fair use (a defense against copyright infringement) applies primarily to non-commercial uses such as education, research, or parody.
NFTs or commercial trading cards likely don’t qualify as fair use, making it difficult to rely on this defense.

4. How to Mitigate Legal Risks

License the image: If the image owner has the appropriate rights, you can obtain a license to use the photo.
Alter the design: Avoid using recognizable team colors, logos, or elements that make it obvious the uniform is associated with Syracuse.
Create an original design: Commission artwork or photography that resembles but doesn’t directly replicate the university’s branding.
Blur or crop out the elements that could be linked to Syracuse, but be aware this approach still carries some risk if the association is obvious.

Conclusion

Even with the text partially covered, the visual elements of the uniform could still result in trademark infringement. Since you are planning to use the image for NFTs or other commercial purposes, it’s best to proceed cautiously. If you wish to avoid legal complications, either seek proper licensing or modify the content more significantly to ensure it doesn’t suggest any association with Syracuse.