Poster Book Marvel
11
Oct/080
Oct/080
Poster Book Marvel
Copyright law help with opening a store?
I was considering open a store that would want to use marvel hero characters. What are the copyright laws involved with this? For example, naming certain products after a character, (like flash fries for example) Similarly, using poster or fathead styled decals on the walls of our store. I understand from other articles that photos are ok if you have permission from the photographer. Would a picture of a batman be more legal? seems irrelevant? Further questions would be how I would be able to obtain permission to do these types of things if it were to be illegal. A second question would be if I were able to incorporate minimal comic of video game stores within this store, would that change the legality of it? For example, I would imagine that my local comic book shop doesn't need permission to have a spider-man poster as he sells marvel spider-man comics. Is this a tactic I could use to obtain legality? Thanks a bunch!
You would need a license from Marvel to do this, but not because of copyright. As long as you buy and don't reproduce any of the posters or decals or whatever you have decorating the store, you haven't done anything that copyright protects. However, trademark covers using trademarks owned by others in business. By naming the products after Marvel characters and putting Marvel items all over, a reasonable person would get the impression that the store is authorized by Marvel, thereby diluting their trademark. The reason comic stores don't need to do any of this is because the comic companies expect their items to be used to advertise their comics and moreover, the items involve multiple companies, so there is no reasonable connection between the store and Marvel.
If you ran a comic store that sold other things, maybe even a restaurant together with a comic store, you may not need a license, but that is a gray area. I would highly recommend getting an opinion from a licensed attorney before using any company's trademarks in your business.
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