Copyright question: recreating scenes from movies

[qptain Nemo]

I'd like to ask you, wise AGS folks, the following question: would it be illegal to recreate a scene from a movie in a miniature scene (made out of physical materials and figurines) and sell it, without explicit consent of the movie creators?
If so, are there good ways to escape illegalness, for example by omitting names and altering copyrightable elements without ruining the whole purpose of the idea and thus its potential appeal?

All input on this is very appreciated!

[Darth Mandarb]

I'm kind of curious about this myself...

I think it must be okay to use a likeness of something (at least in some cases) because I get t-shirts (regularly) from a site that always has stuff from Firefly, Star Wars, etc. but it doesn't say "Star Wars" or "Firefly" but would just an image of Serenity (without saying Serenity) and they seem to get away with it.

http://riptapparel.com/shirt/10/10/2011/pizza-the-hut
http://riptapparel.com/shirt/09/30/2011/the-futures-so-bright-i-gotta-wear-shades
http://riptapparel.com/shirt/08/04/2011/pinstripe-serenity

Or another example:
http://riptapparel.com/shirt/08/24/2011/real-og

It doesn't say "Goonies" it says "Goonie"

I'm not sure if this site has to pay licensing but I'm guessing not considering how cheap each shirt is.  So it seems like making it appear like copyrighted material is okay? 

Don't hold me to that (obviously!) I'm just speculating!

[LimpingFish]

Oh, this reminds me of an excellent internet documentary series...

http://www.everythingisaremix.info/watch-the-series/

[Tabata]

I don't know about the law, but I think, as soon as you get paid for something you sell which is based (and not only inspired) by a commercial movie it's getting difficult, when not having the permission for "copying" even parts.

Can't you create it like only being inspired from the other story (to be an innuendo)?

[Radiant]

That depends on a number of things.

Are you selling just one scene, or is it part of a larger work? If the latter, and the rest of your work doesn't resemble the original, you can make a claim under fair use.

Is the scene a straight copy, or are you modifying it, perhaps to parody? Parodies are generally an exception to copyright law.

Do the figures resemble the original actors? See th above.

Do you live in the US? Because if you do, a big company has more legal clout (and money) than you do, and that may prove problematic if they want to take you to court or C&D you.

[RickJ]

Generally speaking Single words, plots, and ideas are not copyrightable.  However, movie, book, cartoon characters and single words can also be registered trademarks.   My guess is that you are not on solid ground.

http://www.teachingcopyright.org/