Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
practically speaking it is a question of scale, if you widely publicize (E.g. ebay) and sell a lot then you will likely expose your self to risk from the TM owners
however, making a few copies for friends/family or local sale would likely not come up on any radars
I was hoping to set up an online store on a site called ETSY
also, it depends on the disposition of the copyright owner and how aggressive/strict they are with such matters
so technically, it is not legal to sell an original drawing of a registered or copyrighted character?
would thye all be originals or prints?
digital prints, but individually signed.
I would control the printing.
if are going to do it, provide a disclaimer that makes clear you have no affiliation with the TM holder/creators of the character
and that it is not an offical "______" product
(whoever owns/operates the character)
okay, an official disclaimer, I understand that.
I am not planning on mass producing these things, just a little bit for a bit of money to help make ends meet.
would that help?
yes that helps, just beware that there is a bit of risk.....but the disclaimer and low production help minimize it
how do you find out how aggressive an organization is at pursuing individuals who publish images such as that? And do they send warnings first?
no way to really figure that out easily (but try some google searches, that works sometimes)
it is common to send warnings
Okay, thank you very much. I appreciate you taking the time to answer my questions. Basically I can try it and hope for the best, XXXXX XXXXX disclaimer on my website, and be aware that it is only semi-legal to do this.
you got it
also, one more thing
Thank you very much. Yes?
if there is a classic pose/scene/depiction of the character, you should avoid that as much as possible and make it your own....i.e. the closer it is to the original, the higher the risk
you don't want it to look like an official product
if possible, put your own spin on it and make it look a bit different
best of luck!
definitely. I understand that, that is why I emphasized an ORIGINAL drawing.
IN THE NY SUPREME COURT