QUESTION

I created some parody artwork as a tribute to Steve Jobs / Bill Watterson (Hobbes) called Steve Hobbes. Can I get sued for this?

Asked on Jun 10th, 2012 on Intellectual Property - Oregon
More details to this question:
The artwork looks like Hobbes from Calvin and Hobbes but is dressed up, is holding a phone, and has glasses. Very recognizable but very different than any original Watterson artwork. Could he come after me for printing this on a t-shirt with the title Steve Hobbes?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is impossible to know whether a particular use will be deemed sufficiently parodic in order to pass muster, and be non-infringing, under Supreme Court interpretations of the Copyright Act, without having both the original and derivative work examined carefully by an experienced copyright attorney. As a general matter, parodies are non-infringing when they meet certain criteria, including that they "summon up" the idea of the original and then make fun of it. These kinds of determinations are always extremely fact-intensive and, as noted above, involve fairly complex application of Supreme Court jurisprudence. Anyone can sue anyone for anything. If you are not prepared to pay defense costs or to obtain formal legal advice before proceeding, perhaps you should desist.
Answered on Jun 10th, 2012 at 2:58 PM

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