Quote:
Originally Posted by pornlaw
There is a limited fair-use argument to TM infringement. Characters are harder to protect then say the Superman logo.
Whatever you decide to do - clear all of it through an attorney familiar with this issue first. It can save you tens of thousands of dollars in lost profits & legal fees. Also see the "Fifty Shades of Grey" lawsuit vs Smash.There are few bright line answers in fair-use cases. It really is a factually driven issue.
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Thanks for your advice! Anyway, it's extremely confusing and I doubt that even qualified lawyer can provide 100% accurate consulting on the topic.
Making a parody movie is not an infringement, parodying a single character is...
I am amazed however, how so many companies get away with it. Cosplaybabes.xxx consists entirely of hardcore/softcore scenes with characters from films, TV, video games. They don't even change their names in scene description. I highly doubt, that they have purchased licenses for all these characters.