Athens, TX asked in Copyright, Trademark and Intellectual Property for Texas

Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under personal enjoyment and may not infringe copyright.

However, the commercial aspect of you charging for the service complicates the matter, as it could be seen as a derivative work. To ensure compliance with copyright laws, it's advisable to seek permission from the copyright holder or limit the subjects of your paint parties to non-copyrighted material.

Additionally, familiarizing yourself with the concept of "fair use" and how it might apply to educational settings could be beneficial. It would be prudent to consult with an attorney to understand the specific risks and legalities involved in your business model.

Adam W. Bell
Adam W. Bell
  • Trademarks Lawyer
  • SF, CA

A: I'm not condoning infringement... but seriously, it's a kid's party...who is going to care? And who is going to sue you?? Why worry?

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