Ceramic figurines dressed up as copyrighted characters

[Sianodel87]

Hello, just a question about copyright infringement. If someone makes for example ceramic figurines that are dressed up as well-known characters (read: Disney ears, ghost busters, Nightmare Before Christmas Characters, perhaps a Captain America Shield etc), would that class as copyright infringement? I have been told as the figurines are dressed up as the character rather than remaking the actual character, "it doesn't count", but I am not convinced.

[AndyJ]

Hi Sianodel87 and welcome to the forums,

It is unlikely that using specific elements of the appearance of a character would infringe copyright under UK law, but you might run into problems with any elements which form part of a registered trade mark. A lot will also depend on the motivation for doing something like this. If it is for parody or for humourous intent that may well fall within the exception in Section 30A of the Copyright Designs and Patents Act 1988. However if the purpose is more to cash in on the popularity of the character then the courts may well view that less favourably.

But irrespective of the legal situation, if you do use recognisable characteristics of Disney or Marvel Comics' characters, be prepared for some heavyweight pressure requiring you to cease and desist, because both companies take a robust stance when it comes to protecting their intellectual property rights. For example if you want to sell your products via an onlline market place like Etsy or Ebay, the company may try to get your listings taken down.