Is it a copyright infringement for a school teacher to paint a mural of the characters in a often used classroom book ?

The book is "Where the Wild Things Are" which is now a movie. The teacher is a Title I reading teacher and wants to inspire the children to read this and other books by painting a mural of the characters on the cafeteria walls. He is reluctant to do so until he is certain that it will not place the school district in a precarious legal position. I am a parent/volunteer attempting to help without a large cost to our already financially strapped school district.
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Answers (3)

L. Maxwell Taylor

L. Maxwell Taylor

Contributor Level 7
A mural with visual depictions of Max and the Wild Things probably constitutes a "derivative work" which technically infringes the copyright of the artist.

However, don't be discouraged. The teacher may want to consider writing a letter to the publisher asking for permission to paint the mural in the school. My experience is that artists are pleased to get letters asking for permission and may look favorably on the request. With the Wild Things movie in the theaters, I suspect we are going to be seeing Max and Wild Things everywhere. So why not on the wall of the school?

Not legal advice as I don't hold Michigan licensure. If you need legal advice, please consult a lawyer who does.

Good luck.
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Copyirght exclusivity generally bends to schools and educational uses, as a "fair use," because the 2 most important fair use factors, purpose and character of the use, and the likelihood of hurting the original work's market, are in the school's favor. Here, the purpose of the new mural is educational and not for profit, and it's unlikely to damage the market for the original, in fact, it's likely to help that market by increasingt the kids' awareness of the book and film and other merchandise.

It's may not be necessary to ask the author for permission to create this mural, but it's not a bad idea. Fair use is a defense to a charge of copyright ifnringment, and this use also implicates the rightsholder's rights of the book's characters, which may also be trademarked and protected by your state's unfair competition law, so getting the author's consent is not a bad idea.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Oscar Michelen

Oscar Michelen

Contributor Level 7
Just to weigh in on this, I agree with Pamela's point of view that this would likely amount to a "fair use" defense. The problem with asking for permission first, is that you may get flatly denied without someone adequately reviewing your proposal and have them say "No!" just to be on the safe side. You have to gauge which "risk" you are willing to take: (1) The risk that you will be told No for no valid reason (or for a valid reason) or (2) The risk that the holders of the copyrights will find out about the mural in your school and decide to take action to enforce their copyright.
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