Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?
Everything is hand drawn by me, and each custom order is an original design.
The design:
I've used one of the characters as a reference, and the movie poster image.
My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and back.
On the back, the pink continues to drip down, with an impression of a skull made by the pink drip shapes inspired by the poster.
I was also going to use iron on vinyl the movie poster tag line: in space, no one gets ice cream.
Is this allowed for me to create fan art on request for sale?
I wouldn't reproduce this exact design.
Can I accept a custom request in the future for the same theme, and give them a different original design?
I've gotten individual requests for other movie themes and characters as well.
I do not advertise killer klown or fan art tie dye.
I only advertise that I create custom tie dye on request.
These are the requests made.
A:
When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted works, such as "Killer Klowns from Outer Space," could potentially infringe on the intellectual property rights of the original creators. This is because it can be considered a derivative work, which often requires permission from the rights holders.
Selling fan art without permission can be legally risky, especially if it uses specific characters, designs, or slogans associated with a movie or franchise. While fan art is sometimes tolerated, particularly when it's not mass-produced or advertised explicitly, it still technically falls under copyright law, and the rights holders could take legal action if they choose to. This risk remains even if you don't reproduce the exact design or advertise specific themes.
If you wish to create custom designs inspired by popular themes for individual requests, it's safer to stay away from directly recognizable elements and instead focus on original concepts that are merely inspired by the style or feel of the movie. Always ensure that your artwork stands apart enough to avoid direct association with copyrighted material. It's always wise to seek advice tailored to your specific situation to avoid any legal complications.
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