Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
Is drawing the same character but calling it something different illegal?
My boyfriend is an artist and he was ‘inspired’ by an old Superman comic where Lois Lane has a metal box on her head. (Because she thinks her hear is a cat head or something) So he’s been drawing her but calling her his own character. He says it’s a personification of anxiety and I say it’s literally Lois Lane in a different dress. Is that illegal/copyright infringement?
5 Answers
- Bob BLv 73 years agoFavorite Answer
It's not illegal to draw anything. You can draw or paint anything you want for your own personal use. Distributing it to other people or particularly, selling it for a profit, is where you can potentially get into legal hot water. Even then it usually has to be reasonably high-profile to get into trouble (people post fan art online all the time and nothing happens, mostly as the copyright holders don't really care).
The other thing to consider is that copyright law itself isn't totally clear-cut on that. Generally, the rule is that individual characters can be copyrighted but ideas and concepts cannot (so for instance, you are free to create a character that flies around in a cape and fights crime, as long as you don't call him Superman). If another character looks very similar, it would basically come down to whether or not the courts felt that it was indeed the same person or character.
- Nuff SedLv 73 years ago
Yes, it's illegal if it's a derivative work of something that is still copyrighted. There are nice questions of law and fact that go into such a determination, as not every element of every drawing is copyrightable.
- SlickterpLv 73 years ago
If it's an exact copy, then basically copyright infringement, but kind of tough to prove.
- 3 years ago
Yes. Anytime you take on a project "inspired" by a mainstream copyright, you'd better hire (and consult with) a good lawyer first.
Source(s): Full-time author. I deal with copyrights on the regular. - How do you think about the answers? You can sign in to vote the answer.
- ?Lv 73 years ago
He needs to make it significantly different. Tell him to improve on the character by making 3 revisions to it. If he is creative, he can improve on what he currently has. Tell him to get out a dictionary, read the thesaurus for the words that describe the character, then find a better word than anxiety and draw it.