Copyright infringment.

[The-Dark-Knight]

Not the most exciting of threads i grant you. But i've been selling some 'Joker Scars' on ebay but today the listing was removed due to Ebay being contacted by Warner Brothers due to copyright infringement.

I was told to contact Warners over this which i've done but while i wait for them to reply (if they do) i was hoping you guys and gals could help me out.

Is there any way around this, any way i can still sell my scars without it being against the law, For example if i put in the listing 'these are in no way affiliated with Warner Brothers or endorsed by them, Batman and the Joker are owned bt warner Brothers' does that make it ok?

I'd appreciate any thoughts and advice on this.

 

[Obi-Ron]

Call them "mad clown scars" or something like that. Don't mention any of the characters by name.

 

[The-Dark-Knight]

If my make up looks like the joker can they still get me? Are they also realistically likely to take it to a lawsuit?

 

[Ronny Shade]

I was wondering if its legal to make a movie which portrays people making a movie about a copyrighted character.

 

[Heretic]

I have a friend who is a prop maker. occasionally he...um...keeps making props of the movies he has the casts of or whatever. He has flat out been taken to task by Warners (and Gene Simmons) a few times...so he just changes the name, just like as has been reccomended already and he is fine legally. I think Disney is real uptight and will sue...I seem to remember WB not being too friendly about it either.

 

[Dew k. Mosi]

Call them "mad clown scars" or something like that. Don't mention any of the characters by name.

yeah that is the way to go

 

[I Am The Knight]

If my make up looks like the joker can they still get me?

This made me LOL

 

[The-Dark-Knight]

If i were to sell a Batman trading card with free joker scars, would that get around it?

 

[Two-Face]

WB owns anything Batman related, just change the names....

 

[Lunar_Wolf]

Yep, changing the names will avoid problems.

 

[The-Dark-Knight]

If i use the word 'Joker' is that still infringeing the copyright as there are many types of Joker.

 

[Untilteld]

Maybe, definatley not The Joker though.

 

[Spider-Fan]

Don't say Batman or Joker. Make new names entirely.

 

[Asteroid-Man]

TDK Jokester Scars. You can't be sued for "TDK" they're just letters

 

[The-Dark-Knight]

TDK Jokester Scars. You can't be sued for "TDK" they're just letters

I like your thinking.
I've edited it to- 'Dark Prosthetic Scars Latex Like The Joker Knight' Am i safe?

 

[Comicfilmer]

I like your thinking.
I've edited it to- 'Dark Prosthetic Scars Latex Like The Joker Knight' Am i safe?

Probably, but you're also unintelligible.

 

[The-Dark-Knight]

I know, but the words are all there that people will search for.

 

[CaptainClown]

That one movie you saw during the summer that is close to beating titanic scars....

 

[Heretic]

Hmm..."Heath Ledger scars" just doesnt sound right...

Im fine with just killer clown scars or something

 

[Nirvana]

What the hell are Joker Scars???

 

[The Geek Vault]

I was wondering the same thing. But I also have contribution for this thread. If I named my band after the marvel comics villain goldbug, can they get me for that?

 

[JaD]

How'd you get the scars?

 

[OctaviusINC]

How'd you get the scars?

He stuck a razor blade in his mouth and did it to himself. But now the WB doesn't see the funny side. Now, they aren't smiling.

 

[psychocheeseman]

Currently studying intellectual property law in Australia, laws differ slightly but the basics are the same.

If my make up looks like the joker can they still get me? Are they also realistically likely to take it to a lawsuit?

technically yes they could. Although they don't own the intangible idea of the joker costume, they do own it in it's physical form, if you attempt to recreate that physical form you are breaching their copyrights.

But they're unlikely to as having people dress up works as good advertising and shows your appreciation for the film. Also you're not making any money out of what your doing so it's hardly financially worth while for them to take action. Can you imagine what would happen if they did sue someone for cosplay type stuff? I'm sure fan bases would rally

I have a friend who is a prop maker. occasionally he...um...keeps making props of the movies he has the casts of or whatever. He has flat out been taken to task by Warner (and Gene Simmons) a few times...so he just changes the name, just like as has been recommended already and he is fine legally. I think Disney is real uptight and will sue...I seem to remember WB not being too friendly about it either.

He's not fine legally, they just haven't gone through with the proceedings.
Firslty, he does not own the copyright in the material he produces if it was produced as part of his employment (that includes the casts).
Secondly, "A rose by any other name..." kinda thing. changing the name doesn't really make a difference - although it would make it appear like it's not a deliberate attempt at "passing off" or breaching copyright and would help his case greatly if he ever went to trial.

With the scars i'm assuming they don't necessarily have to be for a joker costume. And WB doesn't own the right to make scars in general (or even mouth scars) Keep them as Scars but don't call them "joker scars"

Perhaps in the description you could hint that "you could be a real joker amongst friends" etc and maybe have the word joke in the title. Then post on as many sites as you can find a message about how awesome these scars are for joker costumes and offer links...

 

[psychocheeseman]

I was wondering the same thing. But I also have contribution for this thread. If I named my band after the marvel comics villain goldbug, can they get me for that?

Which one? the copyright in the name may be up...
there may be other exemptions as well, but the easiest one is to write to the creator or copyright holder and ask them nicely - with comic book stuff the authors are often happy for some extra recognition.