Round Rock, TX asked in Copyright, Intellectual Property and Trademark for Texas

Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?

3 Lawyer Answers

A: The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use Doctrine" might apply. Factors considered include the purpose of use, nature of the copyrighted work, amount used, and effect on the market. Personal, non-commercial use could potentially fall under fair use, but this isn't guaranteed.

NOTE: I assume Evangelion is in Japan, so check the copyright laws there -- they might not recognize 'fair use'.

Some jurisdictions recognize 'de minimis' use, where the use is so minor that it's not considered infringement. A single personal item might qualify, but multiple items likely wouldn't. [I don't know whether Japan recognizes de minimis use.]

By the way -- some creators allow fan art or personal use. This isn't across the board, however, and you need to check to make sure you're ok if you do this.

How you actually copy it is also relevant. If you make a t-shirt by painting it yourself, it might be viewed differently than using high-quality printing methods which closely replicate the original.

Lastly, even personal use could potentially get you sued. The risk of this increases if you are sharing photos of your own work online.

In the end, as always, the safest approach is to seek permission or use official merchandise. However, the reality is that many fans create personal items without facing legal consequences. If you proceed, be aware of the potential risks as they have been outlined here.

Bao Tran
PREMIUM
Answered

A: If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:

Copyright and Trademark Issues

Copyright:

Evangelion characters and logos are protected by copyright. This means that any reproduction, distribution, or creation of derivative works without permission from the copyright holder (typically the production company or studio) is illegal.

Even for personal use, creating copies of copyrighted material without authorization can still be considered infringement.

Trademark:

The Evangelion logo and character names may also be protected by trademark law. Using these trademarks without permission, even for personal use, can potentially lead to legal issues if it implies endorsement or association with the brand.

Personal Use vs. Commercial Use

Personal Use:

Printing T-shirts for personal use (i.e., not for sale or distribution) generally carries less risk of legal action compared to commercial use. However, it is still technically a violation of copyright and trademark laws.

The likelihood of enforcement against personal use is lower, but it is not zero. Rights holders may still take action if they become aware of the infringement.

Commercial Use:

Selling T-shirts with Evangelion characters and logos without permission is clearly illegal and can lead to significant legal consequences, including lawsuits, fines, and damages.

Practical Steps and Recommendations

Seek Permission:

The safest course of action is to seek permission from the rights holders of Evangelion. This can involve contacting the production company or studio to request a license for personal use.

Use Alternatives:

Consider creating original artwork inspired by Evangelion that does not directly copy characters or logos. This can reduce the risk of infringement.

Understand the Risks:

Be aware that even personal use without permission is technically illegal. While enforcement is less likely, it is still a possibility.

Conclusion

Printing personal wear with Evangelion characters and logos without permission is technically a violation of copyright and trademark laws, even if it is for personal use. The risk of enforcement is lower for personal use, but it is not non-existent. To avoid any legal issues, it is best to seek permission from the rights holders or create original artwork that does not directly infringe on the protected elements of Evangelion.

James L. Arrasmith
PREMIUM
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Answered

A: Printing personal wear featuring Evangelion characters and logos can be tricky due to copyright laws. Even if you don't intend to sell these items, creating and using copyrighted material without permission from the copyright holders could still be considered infringement.

It’s important to note that characters and logos from Evangelion are protected intellectual property. The owners have exclusive rights to how their creations are used, including in personal items. Unauthorized use, even for personal purposes, could lead to legal issues.

To avoid potential problems, consider seeking permission from the copyright holders or exploring officially licensed merchandise. This way, you can enjoy your custom wear without any legal worries.

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