What's the Law on this?
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- breadlegz
I have been toying around with some illustrations and someone asked if they could buy this:
I was planning on a series of characters. I've noticed on Society6 they have lots of Batman and other superheroes etc.
So what's the rules on this? Can you adapt a character and sell the artwork online?
- omahadesigns0
That shield is trademarked most definitely.
- it's really too generic to register as a trademark, in this case I think you'd be okay - batman, maybe notspot13
- _niko0
on a side note what is the licencing fee I wonder? do they take a cut of sales?
So a poster of baby captain america sells for $20, what is marvel/disneys cut? $5?
or do you pay them a flat fee say $100k per product line?
- that is probably more of the negotiation rather than a set price that works for every license.capn_ron
- Not just anyone can license. I'm sure it depends on what you want to do.omahadesigns
- There is no licensing fee. Copyright bitches!ukit2
- freedom0
What does that someone want to do with it? Get a print to hang on their wall?
- utopian0
Just sell them until you get sued, this is Murikkka goddamn it
- robotron3k0
if you can do it under parody I believe you can get away with it.
- monNom0
Marvel owns the character designs you are including in your work. While your artwork is a unique representation of their character, it's value hinges almost entirely on the fact that it represents their character (in a unique light).
Marvel purposely limit the licensing of their characters so as not to flood the market and to keep them valuable.You're taking money out of their pocket by selling representations of their characters. So pretty likely you'll be tangling with their legal department at some point.
- ukit20
^ There's an additional detail worth mentioning though, which is that originally copyright was only intended to last a few decades. So Captain America, first created in 1941, should be in the public domain by now.
But thanks to the Copyright Extension Act (nicknamed the "Mickey Mouse" act since it was specifically intended to extend Disney's copyright on Mickey Mouse), copyright now lasts as much as 100 years, so you will have to wait until 2041 before you can sell your design.
- So will Mickey be public domain at some point?omahadesigns
- Marvel will still own the trademark to their characters. Even if copyright expires. http://paper.zibb.co…monNom
- albums0
lol at selling derivative works as originals.
- omahadesigns0
^
- monNom0
one a side note: How long do you think I could get away with sell this on Society6 for?
