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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
