Legal Question in Intellectual Property in Texas

Re: Intellectual Property - Building a Fictional Vehicle

I'll mention first that I am NOT admitted in Texas. However, copyright and trademark law are federal (trademark also has a state component which this response does NOT address).

A derivative work, such as a model or working device based on the design in a movie or photograph, can be considered a copyright infringement if the derivative is substantially similar to the original work. What "substantial similarity" means is that it invokes the same images in the mind of the observer, or the design reminds the observer of the original.

Movie companies are pretty tight about their copyrights. They make money by licensing images from movies to third-party vendors (like you) and collecting royalties on sales. Since not licensing something from a movie would interfere with that stream of income, the movie's copyright holder may have a strong case and could pursue legal action against an infringer.

If someone uses a recognizable name that has business goodwill attached to it without a license agreement, the individual using such materials could be liable for trademark infringement.

Copyright and trademark infringement land is where angels fear to tread without a licensing agreement.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.