Copyright or fair use?

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Copyright or fair use?

I am making a crocheted hat based of
off the famous pokeball in the Pokemon
franchise. Would I be infringing on
copyright, or would this count as fair
use since its a transformative work of
art?

Asked on July 27, 2016 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is NOT a "fair use." Copyright specifically includes the copyright owner's right to prevent adaptations or derivative works (e.g. "transformative works of art"), or to allow them only such terms as the owner consents to (e.g. for payment of a license fee). "Fair use" is for very limited, non-commercial use of portions (not all) of a copyrighted text or image, such as for educational or satiric (e.g. political commentary) purposes. 


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