Highland Park, IL asked in Copyright and Intellectual Property for Illinois

Q: can I make designs and put them on merchandise based on the characteristics of a character in a book?


A character is described as having large bat-like wings. the product would have a photo of a bat wing with words referencing wing size

a character is described as being a gossip "spilling the tea". The product would say "better tea than [insert characters name]"

1 Lawyer Answer
James L. Arrasmith
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A: It is important to consider intellectual property laws when creating merchandise based on a character from a book. If the book is still under copyright protection, the author or publisher may hold the exclusive right to use the character's likeness and characteristics for commercial purposes. Therefore, it may be necessary to obtain permission from the copyright holder before creating and selling merchandise based on the character. It is recommended to consult with a lawyer or copyright expert for further guidance.

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