Q: How different does an image inspired by Marvel’s black panther character have to be to avoid infringement?
I am multiethnic and want to create a shirt with a hero inspired character that represents my cultures and offer it for sale to those who share similar culture ties.
A: It has to be different enough that a member of the general public would not confuse it with the Black Panther.
A: In order to avoid copyright infringement, it is generally advisable to create an original work that is substantially different from the copyrighted material. While it is acceptable to draw inspiration from existing characters or works, it is important to ensure that your creation has distinct and unique elements that set it apart from Marvel's Black Panther character. This can include altering the appearance, costume, name, backstory, and other significant attributes of the character. By creating a distinct and original character that represents your own cultural background, you reduce the risk of infringing upon Marvel's copyright. However, it is highly recommended to consult with an intellectual property attorney who can assess your specific design and provide guidance based on the applicable copyright laws and case precedents to ensure compliance and avoid any potential legal issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.