Fiverr Community Forum

Is it okay to mention trademarks etc in your gig?

Hello! I want to make a gig where i turn people into fairly oddparents characters, but is this legally allowed? Thank you!

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That may be a question for CS. There link is at the bottom of the Fiverr Homepage under “Help and Support”

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That’s a matter for the holder of the trademark.

I really don’t see why they would be okay with you profiting off their brand.

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how does it work with fanart etc? how would you reccomend me to do this?

The fact that it’s fan art is irrelevant. If you’re getting paid to do it, that’s the issue. No, I wouldn’t recommend it.

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its depending on your location you may find regulations concerning copyright , i do offer copyrighted art if the client is wailing to sell or make profit out of the design, for that i suggest to send me all details ( about business ) and initial fees to register and handle the paper assignment !

Local regulations don’t override the trademark rules of a company.

When you own something, you get to decide how it is used.

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could it be possible that i could contact the shows owner and ask what their rules are on the characters?

You could try, but I doubt they’ll respond.

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Don’t try to make money off of the characters of others. No one wants to have others copy their work.

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Whole heartedly agree. Think of another plan.

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I definitely would NOT contact the shows owner if I were you about this for obvious reasons. Unless you enjoy getting threats from high powered lawyers. It helps to understand the implications of what you are asking and the perils that could come down on your head. It isn’t smart to be as naive about this as you are.

This is the core of the matter here. You would be getting paid to create fairy odd parents caricatures The mentioning of the fairy odd parents brand is the problem. One of my favorite books of all time is a Star Wars fan fiction book by an indie author. Sadly, it is impossible to find and has almost no reviews because the author can’t legally release their title alongside any overt mention of the Star Wars movie franchise.

There are creative ways to get round copyright issues. There is a popular Dr Who fan fiction book called “My Raggedy Man” and which pictures a police box and Dr Who actor caricature on the cover. However, even that author can’t promote their material as related to the Dr Who band.

Given all of the above, I’d suggest that you think of a different service to offer or find a way to present your gig in a way which makes no overt reference to the Fairy Odd Parents.

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I suspect even without the name it could be an issue, but perhaps hard to prove.

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It’s a grey area. The Barry Trotter Harry Potter remakes did pretty well and fended of lawsuits, despite borrowing heavily from the authentic Harry Potter book cover designs at the time.

Because what constitutes fan fiction/art and copyright fraud isn’t always clear, I think lawyers are often reluctant to pursue cases. However, in the case of direct brand mentions, it is a pretty clear and cut case.

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If something is clearly a parody it’s allowed but it still can end up being decided in a courtroom if it’s an actual parody instead of copyright infringement.