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How to get marvel merchandise license in India?


04-Jul-2024 (In Trademark & Copyright Law)
Hi Team, I want to know, If i sell Marvel Fan art design with t shirt printing without license, than what legal action they can take on me, and How to get marvel license for t-shirts in India? Thanks
Answers (2)

Answer #1
592 votes
Hi there,

A few things that you might want to consider when printing designs without a license. Any images of 'Iron Man', 'Spider Man' or any of the plethora of Marvel Comic Book characters are protected by the copyright owners, in this case, it's obviously Marvel.

So what now takes place are two situations. If you were to take a still image from a particular portion of a comic book , which you had legally purchased, and you print it on your own t-shirt for own enjoyment. Although a grey area, you can still do the same under the principle of 'Fair Use'. However, say that printed t-shirt of yours starts to gain traction and more people want to own the t-shirt. You start hearing the cash register ring in your head.

Now, technically, there are thousands, quite possible a few hundred thousand infringers of copyrights who are wide spread in the markets of China, Bangladesh, Thailand and even India. It's impossible for Marvel to keep track of every small scale market where such infringement is happening. So if you're aiming at selling possibly a few hundred t-shirts, there is a good likeliness that you will not be sued by the company, because the cost effectiveness of chasing a small infringer before Court is not worth it. It would cost Marvel more to file a suit against you than it would be for them to recover any costs off you.

Now there's the second trade off, for the initial few months, you start selling and there are no suits against you. This is where you develop the false courage that you are not being tracked. Whilst , Marvel may not be individually tracking you, but IPR Firms in and around Delhi do an excellent job of keeping their clients abreast with the infringement thats taking place. Once you start growing your business, they will hit you hard once you're big enough. This can/would include damages.

So to summarize. You will get away with small scale infringement, in the long run though. It's not worth it and unless you're planning on going big scale, it would be advisable to get a license from Marvel/DC Comics.
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Answer #2
513 votes
If the fan art design (created by you) is inspired by Marvel and not exact copy of the intellectual property then they cannot file a case of copyright infringement.
As the copyright of that inspired design will be with you, not marvel.

Please feel free to contact me for any more doubts.
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