With Squid Game Season 3 just around the corner, fans are buzzing with excitement. Fan creators are eager to produce inspired content including artwork, fan fiction, cosplay, and videos. With creativity overflowing, many creators forget that the names, images and characters they love are protected assets under the law. With fan-made content, the most important thing to ask is: Which fan-made creations are legal, and how can creators protect their work?

The Basics: Copyright and Fan Content

Copyright law protects original works and creators from the unauthorized use or reproduction of their protected works. Netflix created Squid Game and undoubtedly protected it by copyright. Directly copying characters, music, scenes, or scripts from the show may infringe these rights. The law recognizes some flexibility, however, by allowing fans to express their passion under “fair use” exemptions.

Fair Use: Your Creative Safety Net?

Fair use allows creators to use copyrighted material under certain conditions.

Purpose and Character

If you create a video parody of the games or show humorous alternative outcomes, your work transforms the original content. This is called transformative use; the more original your spin, the safer your work. 

Nature of the Original Work

Using creative content such as images from Squid Game or the unique challenges present in the show is riskier than using material of your original design. This could take the form of having a cheese sauce eating contest, or having a pie throwing fight with non-lethal consequences, as examples. It is important to tread carefully here—even if you are using challenges unlike the original show, any creative content pulled from the original Netflix series will have stronger copyright protection.

Amount and Substantiality

Briefly referencing minor details, such as the “red light, green light” game, is generally safer than extensively copying detailed scenes or entire episodes. 

Effect on the Original Market

Avoid competing directly with the original series. Short reaction videos or comedic sketches usually don’t harm the creator’s ability to profit. In fact, studios and distributors typically appreciate when creators make their own reaction videos. Such videos blend your creative content, your reflections on the series, and enough of a reference that people know where to go to watch the full show. 

What’s Usually Safe?

Courts usually qualify parodies, satire, funny skits, or comics that poke fun at intense scenarios as fair use. Creating your own Squid Game-inspired art or costumes, especially for personal or non-commercial purposes, poses little risk. Also, offering reviews and commentary or analyzing plot points is commonly protected. 

Activities That Could Get Risky

Producing and selling unofficial Squid Game merchandise without Netflix’s permission is risky and could lead to legal action. Posting large parts or full episodes on social media will likely lead to copyright claims. Writing fan fiction that mirrors the exact plot could also lead to legal trouble. Also remember “fair use” is an affirmative defense you can claim only after someone has filed a lawsuit against you. You typically want to make your use of the content so clear that the original creator doesn’t take you to court to prove your usage is fair use. As such, it is best to stay away from borderline uses. If you’re not sure you can defend it, it is probably best not to do it.

Tips for Keeping Your Fan Creations Legal

To keep your creative works safe, keep these practical tips in mind: 

• Transform the Content: Add your unique perspective or creative twist.
• Clearly Mark Your Content as Unofficial: Label your work clearly to avoid confusion.
• Be Careful with Monetization: If uncertain, avoid directly profiting from fan-made content.
• Stay Updated: Follow Netflix or Squid Game’s official guidelines for fan-made works.

Embrace Your Creativity Responsibly

Fan creativity fuels community engagement and greatly enhances the fan experience. By understanding and respecting the boundaries set by copyright law, fans can confidently create inspired content, enriching the excitement around content like Squid Game.

Remember, thoughtful creativity and knowing copyright boundaries help keep fan art, videos, and stories safe and thriving.

The Michelson Institute for Intellectual Property, an initiative of the Michelson 20MM Foundation, provides access to empowering IP education for budding inventors and entrepreneurs. Michelson 20MM was founded thanks to the generous support of renowned spinal surgeon Dr. Gary K. Michelson and Alya Michelson. To learn more, visit 20mm.org.