QUESTION

Could I publish an image in a book of someone else's character if it is redrawn as a stuffed animal?

Asked on Aug 12th, 2015 on Patents - Nebraska
More details to this question:
I am a small business owner of a publishing company. We are about to publish our first book, but as I go through it, I realize that it contains a stuffed animal version of the highly recognizable (to my target demographic) character Pikachu from the cartoon Pokemon. The image in question is hand drawn by one of our artists and does not represent the character, but is merely something that might normally be found in the situation it is in (it is located on a young teenage girl's bed and helps identify her as cute). I would like to keep it in because it does help showcase the character but I am afraid that despite Pikachu's ubiquity this is infringement, however I would like to know for sure. Thank you for your time.
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2 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If the image you want to include makes you think of the other character, you are probably violating copyright or trademark rights. You have a lot of other options to establish the mood you intend. Alternatively, contact the company that owns the Pok?mon character and pay for a license to use the image your artist has drawn.
Answered on Aug 12th, 2015 at 5:55 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Take it out to avoid potential litigation.
Answered on Aug 12th, 2015 at 5:55 PM

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