Is it copy right infringement to use a logo similar to the superman one with the same color scheme.?
I have this logo which is an "S" inside of a Circle. the "S" looks completely different then the Superman S and of course it's a circle not a diamond. Once i put the color scheme on it's obvious i'm spoofing superman though, so i'm wondering if this would infringe of time warner's copy right?
I found this on wiki, so i guess it comes down to if it's fair use or not.
Although a parody can be considered a derivative work under United States Copyright Law, it can be protected from claims by the copyright owner of the original work under the fair use doctrine, which is codified in 17 USC § 107. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work. See Campbell v. Acuff-Rose Music, Inc.
- The CPA GuyLv 61 decade agoFavorite Answer
It may or may not. Usually, a judge or jury decides that. But if you're doing this design, and you're not using it on a widely-sold or widely-seen product, chances are pretty good that you'll never hear from the owners of the original Superman logo. But be aware that if you do hear from them, you'll probably have to stop selling your product, and they may demand compensation for everything you have sold up to that point.
- Spock (rhp)Lv 71 decade ago
spoofing for artistic purposes [satire, for example] is a permitted use of otherwise protected material such as copyrights. Mad Magazine does it all the time.
you might need an attorney though -- whoever actually owns the copyright [I thought it was Marvel Comics and their new owner Disney] has a lot more money than you do and can afford to hire attorneys simply to intimidate wanna bes like you with lawsuits which aren't worth much in a real court of law.Source(s): Grampa