Q: Is it copyright infringement to sell clothing items sharing the same patterns as characters in media?
Lets say there's a superhero who wears a costume with black and blue squares all over it. If you designed a hoodie that also had the same color of black and blue squares, and then proceeded to sell it, would you be in the wrong?
A: It could be. Clothing patterns used to be nearly impossible to protect with copyright. However, copyright protection for this has opened up in recent years, largely due to a major Supreme Court case directly addressing the issue. Now, if a design can be perceived as a work of art separate from the article clothing, it can be protectable by copyright, provided it has a minimal amount of creativity. But in the example you described, this may be tough; if you are talking about just a checkerboard, it may be difficult to meet that standard to qualify for copyright protection.
A:
Generally, using identical or substantially similar patterns from copyrighted characters without permission could potentially lead to copyright infringement claims. To ensure compliance with copyright laws, it is advisable to consult with an intellectual property attorney to assess the specific design and determine if any infringement issues may arise.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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