Legal Question in Intellectual Property in California
Copright Issue with selling replica's
If i create a replica prop that was handmade by myself, crafted after a popular movie prop, such as Batman the Dark Knight's Mask/Cowl that he wears, and want to sell it on ebay. To avoid copyright issues can i instead list an item such as an officially licensed toy that i am allowed to sell and include the replica piece to be given free to the winning bidder? so in effect i am no longer selling my replica mask but instead am selling a toy and giving away the mask free in combination with the toy. Does this free me of any legal issues that Warner Bros might want to come after me for? am i then protected?
I have seen this done many times and to date it seems to work although they might just be lucky and it might have nothing to do with this technique. thank you!
3 Answers from Attorneys
Re: Copright Issue with selling replica's
As Jim Croce said, you don't tug on Superman's cape.
And you don't sell Batman's mask on eBay either, unless you have too much money and you don't mind paying lots of it to Warner Bros.
Re: Copright Issue with selling replica's
Sounds like FRAUD to me. Not to mention copyright and trademark infringement, unfair business practices, wire fraud, etc. We're talking JAIL as a possibility here.
Re: Copright Issue with selling replica's
Sounds like FRAUD to me. Not to mention copyright and trademark infringement, unfair business practices, wire fraud, etc. We're talking JAIL as a possibility here.
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