Asked in Copyright for Washington

Q: Are there copyrights on creating art based on films

I want to create artworks to sell based on scenes from famous films. No names or titles will be used just scenes. Are there any copyright issues with this?

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1 Lawyer Answer
Mark B. Saku
Mark B. Saku
Answered
  • Intellectual Property Lawyer
  • Seattle, WA
  • Licensed in Washington

A: Yes, you will have a copyright claim to your work. However, creative works based on previous works are considered a "derivative work" and require the permission of the original copyright owner before registration, distribution or pubic display/performance of the subsequent work.

There are exceptions or defenses to an infringement claim in the event you are challenged, however, the defenses are very fact specific and you should speak to an experienced copyright attorney who can assess whether your situation qualifies.

DISCLAIMER: Please note that this answer is not a solicitation, does not constitute legal advice and does not create an attorney-client relationship with myself or the Law Office of Mark B. Saku PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises.

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