Grey Area With Copyright Infringement

I’ve been thinking about this a lot because I don’t want to run into trouble. Lets say I create an image for a kid that looks like Nemo from Walt Disney’s movie “Finding Nemo” and somebody else sees this image and says I stole it from Disney. Is that considered copyright infringement? Especially since no profit is being made nor is it being labeled as Nemo, would that still be considered infringement? If that is considered copyright infringement than who’s to say I didn’t draw a picture of Nemo straight from memory on a piece of paper with a marker or crayon. Would that be considered copyright infringement then? Even then is that still infringement because there is no gain by having an e-card with a character on it?

The other issue that comes to mind is lets say I create my own character for my website and somebody else likes that character so much, they put some kind of copyright on the character. Does that mean they can turn around and sue me for copyright infringement because they beat me to the copyright? If that is the case can they do the same thing with domain names? If they can do that with domain names, who’s to say that isn’t a whole business by finding out what domain names are not copyrighted then sue each person who uses your copyrighted name.

Anyway, this is just food for thought and is something that needs to be investigated more.

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