QUESTION
Is it fair use to take characters from an existing copyright and incorporate them originally in your own universe alongside yoru own characters?
Asked on Oct 11th, 2011 on Intellectual Property - Washington
More details to this question:
I have a question about Fair Use and Copyright Infringement on the internet. I am quite the fan of a certain animated cartoon series, and i''m inspired to make a ''fan series'' from my love of some of the characters. However I want to upload this series to Youtube eventually and therefore want to ask a lawyer about my liabilities and rights in doing so.
I want to animate a fan series using a small handful of the original characters from my fave copyrighted cartoon series. However, i would only be using like...6 characters from the original series and they would all be redrawn in my own personal and original form (however withstanding a slight resemblance of the original beyond their names) and alongside original characters within my own perosonal universe that is in no way connected to the original universe. Also I feel the need to explain my setting takes place in ''Hell'', and am worried if that would be a problem or not.
Thanks. Fair use is a thin wire that we must all balance.
1 ANSWER
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As you seem to recognize, Fair Use does not lend itself to an easy definition. The determination of what is and what is not considered Fair Use is based on all of the facts involved. With animated characters, even when redrawn, there is a high risk of infringing someone's copyright. A derivative work is likely an infringing work. Only the copyright holder has the rights to derivative works. There are certain exceptions, but one needs to consider the entirety of facts to make an appropriate legal determination.
This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us.
Philip Braginsky Sills Cummis and Gross http://www.sillscummis.com/practice/practice_group.asp?id=28
Answered on Oct 12th, 2011 at 1:24 PM