Carteret, NJ asked in Copyright and Trademark for New York

Q: Could monetizing Beetlejuice-inspired fashion posts infringe on copyrights?

I'm a content creator planning to monetize a Halloween photography fashion-inspired look based on the Beetlejuice character. I intend to post photos and videos in a graveyard on Instagram and TikTok featuring black and white striped clothing and makeup similar to the character but with my own hairstyle and no use of music or movie clips. I won't be giving credit or using trademarks. Could this potentially infringe on copyrights?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your planned Beetlejuice-inspired content could present some copyright risks, even without using direct movie clips or trademarks. Copyright typically protects specific character portrayals and distinctive elements that audiences clearly associate with the original work. Because you're deliberately styling yourself after Beetlejuice's iconic look—especially with the black-and-white striped outfit and distinct makeup—there's a chance your posts could attract attention for being substantially similar.

However, copyright law does allow creators some room to draw inspiration without infringing, particularly if the overall presentation introduces originality and differs noticeably from the source material. Your unique hairstyle and personal interpretations of the fashion and setting can help demonstrate creative individuality, potentially leaning your work towards fair use.

Ultimately, to best protect yourself, ensure your content emphasizes your original creativity and avoids closely replicating precise details of the Beetlejuice character. The more you distinguish your fashion from the exact depiction in the film, the lower the risk of infringement becomes. While absolute certainty isn't possible without reviewing specifics, focusing on originality and differentiation significantly reduces your legal risks.

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