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Question about selling "Cosplay" clothing

Posted By Dorothy Jean 9 Months Ago
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Dorothy Jean
Dorothy Jean
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I just want to know if its OK to create characters/clothing of movie or video game characters and sell on the marketplace or if we have to rename them or tweak the way they look to avoid any intellectual property issues?

For example:
Can I create a "Batman" costume/character and sell is on the marketplace as "Batman"  ??

I would like my final answer to come from someone at Reallusion so I can make sure I'm getting the correct answer Smile

Thanks all!




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This has been discussed before and the answer is don't do it, just avoid IP claims. Peter (RL) will be able to give you an definitive answer.


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Dorothy Jean
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What if we call it something different? I seen a whole lord of the rings series on here. Titled "lord of the rings characters"

So what if we call it something different. For batman we could call it, Bat Hero. Or something. 





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Peter (RL)
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Hi Dorothy

Copyright is such a complicated area that's impossible to give a definitive answer.

However its important to remember that changing the name does not mean there has been no copyright infringement. It really depends on how aggressive the copyright holder is in pursuing their rights if they feel you they have been violated.

Most big companies will be lenient if the item is non-commercial but if you try to make money out of someone else's copyright material then they may come calling. This could mean demanding you take down the material or even ask for compensation if they feel you have profited substantially.

Overall I always recommend not going there. Why take the risk. Make something 100% your own work then you have nothing to worry about.

                                                                

Peter
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Dorothy Jean
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Peter (RL) (1/4/2021)
Hi Dorothy

Copyright is such a complicated area that's impossible to give a definitive answer.

However its important to remember that changing the name does not mean there has been no copyright infringement. It really depends on how aggressive the copyright holder is in pursuing their rights if they feel you they have been violated.

Most big companies will be lenient if the item is non-commercial but if you try to make money out of someone else's copyright material then they may come calling. This could mean demanding you take down the material or even ask for compensation if they feel you have profited substantially.

Overall I always recommend not going there. Why take the risk. Make something 100% your own work then you have nothing to worry about.


What if I doesn't look exactly the same? @Peter (RL) Can I PM you a photo of what I made and you can tell me what you think?   



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Peter (RL)
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Dorothy Jean (1/4/2021)

What if I doesn't look exactly the same? @Peter (RL) Can I PM you a photo of what I made and you can tell me what you think?   



Sure you can PM me a photo and I'll take a look but at the end of the day it will be the copyright holder who will make a judgement on if the costume or character looks too much like their commercial property.

An example of this occurred a few years back when Daz3D sold a character that looked very similar to Britney Spears. Her management forced it to be taken down even though the character wasn't named Britney or gave any indication it was meant to be her. Just looking like her was enough for her lawyers to get it taken down (I know because I purchased it just before it was taken down).

On the flip side Daz developers still sell other celebrity lookalikes under different names and they have remained up for several years. The bottom line is that you never know if someone is going to make a claim which to me makes it not worth the risk, especially if there could be a monetary penalty at the end of it.

                                                                

Peter
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www.reallusion.com


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I totally agree with you


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