Copyright & Patents/Comic references

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Question
Hey, i am currently writing a comic but am not sure if i am violating laws in doing so. I wish to have a character appear in cosplay of numerous copyrighted characters and use abilities that the copyrighted characters use. I am pretty sure i would not be able to do this but am not sure. However if i make these abilities and cosplays parodies of the original (exaggerating proportions for example) would i be able to avoid any problems with the law?

Answer
In Canada, there is an exemption from copyright for criticism or review (such as a parody), however you must give the source in that criticism. If the context in which you are using the character might not be seen as criticism or review then you may open yourself to liability for copyright infringement. If the characters you create are your own and are not obviously related to copyrighted characters, then you will be able to avoid any copyright problems.

Copyright & Patents

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Nyall Engfield

Expertise

Expertise in Canadian Patent law

Experience

Patent lawyer in Ottawa, involved in drafting patents, prosecution before Patent Office, and litigation Please see my bio at http://www.andrewsrobichaud.com/Nyall_Engfield.htm

Organizations
CCLA, CBA (Ontario Chapter), Law Society of Upper Canada

Publications
University of Ottawa Law and Technology Journal OBA Privacy Law Review: Eye on Privacy Porter Hétu International

Education/Credentials
B.ASc - University of Waterloo LL.B. - University of Calgary

Awards and Honors
received Felesky Flynn tax award in 2nd year of law school

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