From what I am reading about parody it seems that you need to use a part of the original art? Can you not recreate the character/copyrighted material on your own and still have it fall under fair use?
Say the material is recreated in vector form with the desired satire/parody elements?
From what I am reading about parody it seems that you need to use a part of the original art? Can you not recreate the character/copyrighted material on your own and still have it fall under fair use?
Say the material is recreated in vector form with the desired satire/parody elements?
Having a parody won't protect you from a lawsuit.
According to past court cases I've read (like the starbucks one) fair use/parody doesn't cover merchandise for sale.
But to my original question, does recreated work fall under fair use?
No, recreated work generally does not fall under fair use. Sorry, I thought I answered that with my original reply
If you search the forums for starbucks, you'll find a link to an article about the courtcase and more information on copyright/parody/etc.
I'm not a lawyer, and I wouldn't suggest taking any legal advice from anything you read in a forum or online. Getting paid legal advice is your best bet.
Not recreated exactly with no additional work or changes. Thanks for the info! I will search for starbucks.
Here is an example of what I mean. You can see Darth Vader and the Death Star have been drawn on their own with the intension of being printed on the shirt. What I meant by recreated was not simply taking an image already out there and tracing.
Also, this is not my design and I am not taking credit for it.