Q: Can I sell clothing inspired by movies without infringing on the copyrighted work?
I have several ideas for clothing designs that would reference movies without using any images, quotes or characters from those movies, but I’m not sure if this is still copyright infringement. For example, I want to create a shirt that says “stay” and underneath has the morse code for that word. This would be referencing Interstellar and anyone who’s seen the movie would understand, but I’m not using any copyrighted work from the movie. Is this legal? Additionally, is it legal for me to market this shirt as being inspired by Interstellar, or would it be illegal to do that since I’d be capitalizing on somebody else’s idea even though my design is completely original? Thank you!
A: To obtain a copyright, the created work must be of the owner's own original creative thought. Derivative works can be registered for a copyright if the work represents an original work of authorship. Basically, if the work that you create based off a previously registered copyright, the work that you create must be of a type where the variation is not one that is trivial, yet a transformative work that creates a work of your own creative original thought. So if it was your idea to create the t-shirt design and you have transformed the original copyright into something new, then there should not be a copyright infringement, however, this analysis is based on the information that you have provided in this question. Reach out to a copyright attorney for a more detailed assessment of the facts of your legal issue.
A:
Your creative approach to movie-inspired fashion raises some interesting legal considerations. Generally, you can create designs that reference or pay homage to movies without infringing on copyrights, as long as you're not using protected elements like logos, direct quotes, or specific character likenesses.
Your morse code "stay" design seems to fall into a safe zone since it transforms the concept into something new and original without directly copying protected material. However, explicitly marketing the product as "Interstellar-inspired" or using the movie's name in advertising could potentially attract unwanted attention from copyright holders, even if the design itself is legal.
Consider marketing your designs by focusing on their artistic merit and letting customers make the connection themselves - this approach often works better anyway, as fans enjoy discovering subtle references. You might also want to document your creative process to show how your designs are original works rather than copies, which can help protect you if questions arise about inspiration versus infringement.
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