Question on copyright...

[Talooka]

I'm not sure if this is the right place to ask this question, but here goes. If there's a better place to post this please let me know for future reference.

I just came back from reading this dA post: (I can't post links) kirawra dot deviantart dot com/art/The-Truth-About-Selling-Fanart-212570726 and it brought up some interesting points, but anyways, here's my question.
So I make an abridged series and want to sell things so that the voice actors will be a bit motivated to stay on this project. If the show is Digimon and I make a logo that says "D*GIMON ABRIDGED" is that considered a derivative artwork project (meaning bad idea)?

Also, if I create stick-figures meant to represent actual characters via their hairstyle and a clothing item or something, is that also a bad move? The abridged series is comedy-based/a parody so I intend on making the shirts or whatever I end up selling to be based on humor (besides something with just the logo on it).

I post this question here because I'm building a website to further promote my channel with updates and possibly movie/video game reviews to draw traffic to the site and could really use some advice on the matter.

 

[unknown_user54684097890]

I'm not sure, as long as you don't re-create the characters and claim them to be your own creations I think you should be fine.

 

[ProfKranc]

Taking an image direct from the thing you are abridging would be against copyright. Recreating those images and putting them on a shirt should be fine. That's how all those "keep calm and join the dark side" and fanart and stuff don't get pulled.
If you are going to use a logo with a shirt saying "DIGIMON ABRIDGED", as long as you don't copy paste the logo and recreate instead, you should be fine. But just to be safe, I would suggest seeking legal advise to make sure you don't get in trouble.

"In copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first."

In other words, making that logo of your own will be protected by copyright as long as you don't copy-pasta dat shanizzle.

You feeling ma nizzle?
I don't even know anymore XD

Hope this helped!

 

[Talooka]

I'm not sure, as long as you don't re-create the characters and claim them to be your own creations I think you should be fine.

"In , a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first."

In other words, making that logo of your own will be protected by copyright as long as you don't copy-pasta dat shanizzle.

Haha thanks xD But that doesn't say anything about selling the derivative work, which is what has me worried. Worse case scenario I'll make some original art based on maybe quotes or things from our script without actually using any form of 3rd party content.

 

[ProfKranc]

Haha thanks xD But that doesn't say anything about selling the derivative work, which is what has me worried. Worse case scenario I'll make some original art based on maybe quotes or things from our script without actually using any form of 3rd party content.

Yeah, that's probably the best idea. I wish you the best of luck with your abridged series! I'll definitely check it out when I get home

 

[Kate (Caitlin)]

http://kirawra.deviantart.com/art/The-Truth-About-Selling-Fanart-212570726