What constitutes an infringement of a copyright?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes an infringement of a copyright?

I am a 57 year old grandmother who made a homemade craft idea for my grandsons. It was so popular,I have recieved many requests to make more. So I thought, why not sell them? Now someone said to me, that’s copyright infringement? What? I am clueless. I took a 2 foot mini X-mas tree and with the help of my sewing machine and a few nifty ideas, turned this tree into

a

Asked on April 21, 2016 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The problem is that Darth Vader is a copyrighted character (he may be trademarked as well), so creating a product using his image is a violation of copyright (and possibly trademark). While the purchaser of a copyrghted or trademarked figure or item may resell it "as is," if you combine it with another product or products, you are creating a adaptation or derivative product--a new product based on and using the copyrighted image--and that's something you can't do. While it's certainly possible that no one might notice or, if they do notice, care, you will be, by the act of creating an new product (the Star Wars tree) using copyrighted images, be in violation of copyright (and maybe trademark) and could potentially face legal action.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption