Discussion:
What is the name of your state?Ohio
I am considering making and selling crafts at a local festival that are inspired by copyrighted items(Disney,Wizard of Oz,Spongebob,etc).The crafts are not reproductions but an inspired version of them made from paper.They may or may not be easily identified as the character since I modify some of the colors, some of the details and don't use the copyrighted names.An example is that I have made a craft in a "Disney-like" theme with paper dresses similar to the Princess dresses(Snowwhite,Sleeping beauty etc).The paper dresses are in similar colors,but I added a few details to personalize them and I used the title "Princess",which I don't think Disney owns. I'm also concerned about getting orders from people that request Spongebob or other copyrighted characters.I need to know where is the line between being inspired by a character(s) and copyright infringement.
Another question:I have done a sports theme in the same type of craft that has my local area team colors but not the teams name or their numbers on the jersey,is this o.k. too?Thank you
Answer:
I need to know where is the line between being inspired by a character(s) and copyright infringement. The trouble is, there is no "line" -- it's more like a broad, grey area that once you get into, you never know how a court will eventually decide.
With the Disney and other famous characters, you are more likely to run afoul of trademark issues than copyright issues. With trademark, the test is "confusingly similar" -- if your inspired characters are "confusingly similar" to the trademarked characters, then you are likely infringing. Of course, "confusingly similar" is a vague test, and the actual legal test requires a balancing of 7 to 9 factors, so again, it's not like there is a line that says "on this side okay, on this side not okay."
The only way to know with any real level of confidence whether or not you are likely infringing is to take everything down to a local attorney, who can review all of the facts and advise you accordingly.