Selling Marvel Fan art Design on T-shirt

594 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.

Advocate Anuj Nair LawRato

878 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.

Advocate Ritu Rajkumari LawRato

384 votes

Selling Marvel fan art designs on t-shirts or other merchandise without the appropriate licensing or permission can potentially lead to legal issues due to copyright and trademark infringement. Here's what you need to know:

1. Copyright and Trademarks: Marvel owns the copyrights and trademarks for its characters, logos, and other intellectual property. Using these without authorization constitutes infringement.
2. Licensing from Marvel: If you wish to sell merchandise featuring Marvel characters or designs legally, you mat be required to obtain a license from Marvel or its authorized licensing agent in India.
3. Contact Marvel Licensing: To start the process, contact Marvel Licensing or its designated licensing agent for India. They can provide information about the licensing procedure, requirements, and fees.
4. Comply with Policies: Marvel may have specific guidelines and policies regarding the use of its characters and designs. Ensure that your merchandise complies with these guidelines to obtain the license.
5. Licensing Cost: Licensing fees can vary based on the scope of your merchandise and the terms of the license. Discuss the cost with Marvel or its licensing agent.
6. Legal Compliance: Once you have obtained the necessary license, you can legally create and sell merchandise featuring Marvel designs. Ensure that you comply with all terms and conditions outlined in the licensing agreement.
7. Avoid Infringement: Selling unlicensed Marvel merchandise, even if it includes fan art, can lead to copyright and trademark infringement claims by Marvel. This can result in legal action, including cease and desist orders and damages.
8. Seek Legal Advice: It's advisable to consult with an intellectual property attorney in India who specializes in licensing and copyright matters. They can guide you through the licensing process and help ensure legal compliance.

Advocate Chikirsha Mohanty LawRato