Halloween costumes aren’t all fun and games; behind the masks and makeup lie legal complexities around copyright and trademark laws. For those who make, sell, or even wear costumes inspired by popular characters and brands, it’s essential to understand the rights that may (or may not) apply. Here’s a look at how copyright and trademark law impact Halloween costumes.
Copyright Law and Halloween Costumes
Copyright law protects “original works of authorship,” which includes a wide range of creative expressions like books, movies, artwork, and certain types of clothing designs. However, clothing items, including costumes, are generally not covered by copyright protection unless they contain elements that can be considered a “work of art.” For example, simple pirate or ghost costumes are not subject to copyright protections because they’re considered functional clothing without original, creative features.
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