4 ms·

Only if you claim that you own copyright that you don't, and even that probably won't be prosecuted. E.g. see: https://law.stackexchange.com/questions/51541/ha

• scotty79 2y ago
  So I could just draw a picture, call it Iron Man, never publish it and then send DMCA requests to all people who do anything with Marvel's Iron Man telling them to stop because they violate my copyright to my Iron Man? I own copyright to my Iron Man and I can't be blamed for being misunderstood, right? Or maybe I could name my drawing Iron Men? Blame mistargetting the DMCA on overzealous AI bot?
  • boomboomsubban 2y ago
    Whether that approach would succeed in taking anything down is unclear, but I find it hard to imagine the DMCA claim going to court unless you idiotically sued Marvel. Marvel might have a case against you for copyright or trademark infringement, and pleading ignorance probably won't fly there.
  • smsm42 2y ago
    You can. If you do that, you'd likely be sued by the owner of the real Iron Man trademark (well, they'd send C&D first and if you don't stop they'll sue). But it's not likely you'd suffer any prosecution from the regulators. Of course, people legitimately dealing with Iron Man IP would otherwise ignore you, since they know who the real owner is. You may cause trouble to some people that are fair-using some Iron Man IP, but no more than Marvel already causing them anyway (probably much less).