Re: Fair use vs CR infringment?
Posted by Darius A. Marzec, Esq. on 9/30/07
Very good question. It is more complicated than can be
described here. The answer depends on the scope of the
character rights protected. Out of curiousity, where are
you located? If you would like to consult with me, please
contact my office. Darius A. Marzec, Esq.
On 7/10/07, Tony S wrote:
> Hi all.
> As an artist am i allowed to paint an "Original"
> painting/drawing of a copywritten character and sell
> that "Original" art?
> Am i by law allowed to display that art on my website as a
> representation of my abilities and artistic talent.
> Now...keep in mind....im talking about a 1 of. Not prints
> and or reproductions of my art. Just the original art
> itself. A one of a kind.
> Example....I do a painting of Lady Death which is a
> copywritten Char. and i sell said art on ebay.
> Later down the road the owner sees my site and demands i
> remove the pix af my "original" art that are in likness of
> his copywritten char IE Lady Death.
> Keep in mind...this is not art based on existing art. but
> it is a likness of a existing char. The scene depicting
> Lady Death that i painted is totaly original and NOT based
> off of any prior published work.
> Where in this do i have a legal leg to stand on if any at
> Thx for any help guys.
Marzec Law Firm