Can you sell Anime(Japanese cartoon) Merchandise without permission from owner?
2 years ago
One of friends is going to start an online business where he will sell Anime merchandise like t-shirts with "Fan arts" printed on them. He would slightly modify a character so as to differentiate it from the original but a the same time make it obvious that its that certain character. He also plans on using Fan. So, can he do this without any permission from the owner of the anime? Does this violate the copyright? And is there some way he can avoid copyright violation? Also what lawsuits he could face if he is found doing this?
A.Dear Client,
There is still no judicial precedent on this in India. Section 52 of the Copyright Act that regulates fair use does not cover fan art within the scope of the copyright law . Thus, a license is essential to create and sell such work. It is advised to stay on the safer side to avoid law suits.
Thanks.
There is still no judicial precedent on this in India. Section 52 of the Copyright Act that regulates fair use does not cover fan art within the scope of the copyright law . Thus, a license is essential to create and sell such work. It is advised to stay on the safer side to avoid law suits.
Thanks.
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