It appears that you want to take an existing image and create it in a different medium. It is possible that recreating it would not infringe any rights, if your creation is a new and an original form of expression. But if the words imply or reference the movie as a source, you may have trademark or licensing issue.
See my response to your identical question.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Interesting question. From what I gather, you want to take a fictional product portrayed in an animated movie and actually produce it commercially.
The first round of legal clearance I would do is:
- Does that movie or its producers have any merchandising interest in the product?
- Would you be using any copyright protected or patent protected (unlikely) elements in your product?
- Big question: trademark rights. Will the name of your product "recall" that movie? What are the movie producer's trademark rights in the movie, and/or elements within the movie. For example, the cartoon "Mickey Mouse" is now the basis of a multi-billion entertainment franchise, and a brand used on everything from shoes to theme parks.
Good question. If you have a business plan or product development plan you'd like to run by me, don't hesitate to get in touch.
David N. Sharifi, Esq.
Attorney at Law
LA TECH & MEDIA LAW FIRM
Intellectual Property | Entertainment Law | New Media
8052 Melrose Avenue
Los Angeles, CA 90046
O: 310.751.0181| F: 310.882.6518
www.latml.com | firstname.lastname@example.org | @latechlaw
This content is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content does not create an attorney-client relationship.