Phoenix, AZ asked in Intellectual Property for Arizona

Q: Question about creating custom art for sale?

I am an artist who is planning on making custom painted tote bags and selling them. I bought the bags from a website and plan on painting them myself but is it illegal to paint things such as band logos, star wars characters, tv/video game characters ect. onto a bag and then sell it myself? Is that a copy write issue or anything along those lines?

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1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Phoenix, AZ
  • Licensed in Arizona

A: You are very likely going to be infringing on a number of intellectual property rights if you use band logos, star wars characters, etc. Not only might you be infringing on copyrights, you might have trademark issues, product dilution issues, false attribution of source/sponsorship issues, etc. With that said, lots of folks do this kind of thing on a small scale, and maybe they don't get caught, but that's a risk you have to evaluate for yourself.

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