Anyone speak legalese and copyright?

[runespoor]

If I wanted to have a T-shirt done with an image from a comics (not the cover, if that counts, and not a strip, but something like a pin-up or something like that), would I be in violation of copyrights reproduction laws?

Obviously I wouldn't sell it, it'd be just something for me to wear; it wouldn't be offensive or libel or misrepresentation either. (Not that FUCK YOU DC isn't a nice slogan, but I want my T-shirt to be about the awesome and not about the fannish rage. Positive attitude!)

Comments

[matt_doyle]

From what I know of fair use laws, I think it would depend on:

A) Is the image in question copyrighted, or trademarked? Copyrighted would be okay(if it met other fair use guidelines), trademarked would not(I think).

B) Does DC sell any merch with that image or a similar image on it? If so you are probably out of luck.

C) An image from a comic book panel is more likely to be okay than an image from a cover, since the cover can be considered a full work on its own, but the panel is only a small fraction of the book in question.

I AM NOT A LAWYER so don't take me as the last word on this. I am just a dude who is interested in fair use and the boundaries thereof.

http://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law

http://en.wikipedia.org/wiki/Trademark#Limits_and_defenses_to_claims_of_infringement

[etrangere.livejournal.com]

I'm not a lawyer nor do i play one on TV, but i'm pretty sure it would be a violation of trademark rights. I mean, they want to sell you merchandising such as T shirts with their stuff on it. It infringes on their capacity to do so if you make your own merchandising.

[runespoor7.livejournal.com]

Huh, I had not thought of the cover vs panel issue that way. Mostly because the cover is constantly put on display; you don't have to pay money to be able to look at it. (I realise this is a somewhat ridiculous idea.)

I'm fine with B). If they were selling Cass and Steph stuff, I wouldn't need to invent my own.

So that mostly leaves A).

[runespoor7.livejournal.com]

On principle, I think you're right; but there's stuff like Etsy, and I don't know how much of the fan-related stuff that's sold there is legal.

And there's the fact that as far as I know, merchandising of the characters I'm interested in doesn't exist.

I'm mostly worried about the fact that I'll need to go through professionals to have the image printed on the shirt.

[matt_doyle]

I know there are nuances between copyright and trademark when it comes to fair use, but I don't know what they are.

I am also not *sure* that covers would be off limits -- but their use would be harder to defend, I think.