Starkville, MS asked in Copyright, Internet Law, Libel & Slander and Intellectual Property for Mississippi

Q: Does making pornographic content of a copyrighted character fall under fair use / parody?

This character is widely publicly sexualized, but not by the owner of the copyright per say. This content would also be for profit.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In the U.S., fair use is a doctrine that allows limited use of copyrighted material without obtaining permission from the rights holders. Factors considered include the purpose of use, nature of the copyrighted work, amount used, and effect on the market.

While parody can sometimes be protected under fair use, the creation of pornographic content involving copyrighted characters presents significant legal risks, even if the character is often sexualized by the public. If the content is for profit, this can weigh against a fair use defense.

The fact that the character is copyrighted means the rights holder has the right to control derivative works. Creating and selling such content without permission could lead to legal action by the copyright holder. As always, specific circumstances matter, and it's wise to consult directly with an attorney before proceeding.

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