Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Use of costume - Spider-man

 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
Expialidocio
New Member
New  Member


Joined: 26 Jun 2015
Posts: 2

PostPosted: Fri Jun 26, 2015 12:44 pm    Post subject: Use of costume - Spider-man Reply with quote

Hello. I would like to use a Spider-man costume without crossing the intellectual property of Marvel. Here are the circumstances I Intend to use it under, I wonder if you could tell me if this is legally correct? The circumstances goes...
In Denmark we have a little festival that goes by the name "Vordingborg Festuge", it is a festival with music at night and during the day there is a lot of entertainment from different organisations. It's a free-to-enter festival, and it takes up all the space of my town. I would like to contribute to this festival, and I would love to do so by dressing up as Spider-man; that brings me the opportunity to put a smile on a lot of childrens' faces. For me and everyone else this is non-profit, I do not seek to earn anything on this, my only reason for doing this is simple: to spread joy.
When it comes to infringement claims, I am not sure whether this is legal or not. "unapproved commercial use of Marvel's characters or trademarks" - My goal is not to advertise, the only one who is getting something out of this is Marvel (since I would be running around in a Spider-suit) and the kids throughout the street.

Is that legal to do so under my written circumstances?

Best regards
Expialidocio[/list]
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1561

PostPosted: Fri Jun 26, 2015 3:26 pm    Post subject: Reply with quote

Hi Expialidocio,
I don't know enough about Danish copyright and trade mark law to be able to give you a definitive answer on this, but assuming that you have either bought or hired the Spiderman costume from a supplier who in turn has been authorised to sell/hire out the costume, then I think there must be an implied licence for you to wear the costume at an event like a party or carnival etc without infringing either copyright or trade mark law.

Certainly from the perspective of EU trade mark law, just wearing the costume does not constitute infringement and since you are not doing this to earn money, it is not 'in the course of trade', so the trade mark protection does not apply - see Article 5 of the EU Trade Mark Directive (that link allows you to open the directive in any of the main EU languages).

I hope you have a good time at the festival.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Expialidocio
New Member
New  Member


Joined: 26 Jun 2015
Posts: 2

PostPosted: Fri Jun 26, 2015 3:50 pm    Post subject: Reply with quote

Hello AndyJ, and thank you for your response.
The costume itself is bought at a Toys"R"us, and inside the costume I am able to find a little lap with Marvel's logo on it. Thereby it has got to be a costume within legal matters. Don't you think?
I have now read Article 5, and you are certainly correct; and for that I am glad.
Thank you AndyJ, I certainly will Smile
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group