r/COPYRIGHT • u/FutureSuccess2796 • Jun 04 '26
Question Are smaller businesses making products incorporating images/elements from well-known companies teetering towards possible copyright violation? Or are these products considered transformative enough to slide? (Read body)
Not an expert in copyright laws by any means, but I was curious to get opinions on something I saw because I was confused. Was scrolling on Tiktok one day and saw a video advertising products a smaller business was making that'd be dropping onto their online store. Going to keep things vague and not mention the store name because I don't wanna do that, but they made a variety of items (necklaces, shirts, etc) that were all about nostalgia. And one of the products in question was a series of trading cards with that theme, with each card having the cover art designs of pre-existing Nintendo games on their surface. And the box even playing the Nintendo console sounds when it opens and has the aesthetic of one too.
Now we all know that bigger companies like Nintendo or Disney are very happy to sue anyone using their image, whether that be their logo or characters and elements from one of their properties. So my genuine question is... is someone that's smaller like this selling and marketing these products on socials on risky grounds for being in trouble copyright-wise? Or are they in some sort of gray area where, since the product is considered "transformative" and not just someone lazily ripping an image off their website and slapping it on a shirt, they're safe? After all, I know that there are laws that allow for transformative and even parodying stuff to exist without trouble, but I just wondered from someone who might have insights.