Laws on Selling Art Inspired by Movies, TV Shows, etc.

[TheBijoux]

What is the name of your state? California

I am working on opening a gallery and want to know what the legality is on selling artwork inspired by movies, tv shows, and other story mediums. I have seen other galleries sell this sort of artwork, and always in abundance at conventions. Are there any guidelines I should know?

 

[quincy]

What is the name of your state? California

I am working on opening a gallery and want to know what the legality is on selling artwork inspired by movies, tv shows, and other story mediums. I have seen other galleries sell this sort of artwork, and always in abundance at conventions. Are there any guidelines I should know?

The legalities depend on the particulars.

Some artwork inspired by movies, tv shows and stories can be viewed as derivative works, the sales of which can infringe on copyrights. Some artwork inspired by movies, tv shows and stories can infringe on trademark rights.

And then again, some artwork can be defended in court by their creators as a fair use of rights-protected material.

Finally, some creators of artwork will obtain permission/licenses to use copyrighted material/trademarks from the holders of these rights, avoiding risks of an infringement lawsuit.

Obtaining permission is the best course of action to take for anyone who wishes to use rights-protected material.

 

[TheBijoux]

The legalities depend on the particulars.

Some artwork inspired by movies, tv shows and stories can be viewed as derivative works, the sales of which can infringe on copyrights. Some artwork inspired by movies, tv shows and stories can infringe on trademark rights.

And then again, some artwork can be defended in court by their creators as a fair use of rights-protected material.

Finally, some creators of artwork will obtain permission/licenses to use copyrighted material/trademarks from the holders of these rights, avoiding risks of an infringement lawsuit.

Obtaining permission is the best course of action to take for anyone who wishes to use rights-protected material.

Thank you so much! This is very helpful and informative.

 

[quincy]

Thank you so much! This is very helpful and informative.

Thanks for the thanks. I am happy you found the information helpful.

Good luck with your gallery.