Asked in Copyright

Q: I want to make patches with marvel icons and quotes and put them on my bags for personal use. Is this ok?

I have recently taken up embroidery and want to make some custom patches and put them on my bag. I also really love Marvel and would like to use icons such as the Avengers logo and the iconic Captain America shield. This would be just for myself. I want to know if this is ok before I spend time on the patches only to find out I can't use them.

I also want to sell custom patches. If someone wants me to make a patch with one of these icons, can I, or would I have to turn them down?

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Intellectual Property Lawyer
  • Beverly Hills, CA

A: Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. The doctrine extends to trademarks as well, if they are not used for commercial purposes.

If you do not profit from the limited use of the copyrighted material and trademarks involved, it will be "fair use" and not infringing.

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