Copyright information

Copyright information

Post by Lois Taitagu » Tue, 23 Apr 2002 05:51:19



Does anyone have any definitive information on the issue of using
reproductions of copyrighted characters in the sale of crafts?  I
think I understand Disney's rule (don't ever!) but what about Looney
Tune characters?  What about using fabric printed with Disney or
Looney Tune characters to make items for sale?  I'd be very interested
to know what experience others have had, or if anyone has received
instructions from companies directly.  Thanks a bunch.
 
 
 

Copyright information

Post by Pat Kigh » Tue, 23 Apr 2002 09:30:28


Quote:

> Does anyone have any definitive information on the issue of using
> reproductions of copyrighted characters in the sale of crafts?  I
> think I understand Disney's rule (don't ever!) but what about Looney
> Tune characters?  What about using fabric printed with Disney or
> Looney Tune characters to make items for sale?  I'd be very interested
> to know what experience others have had, or if anyone has received
> instructions from companies directly.  Thanks a bunch.

When dealing with obviously copyrighted material, the only 100 percent
safe course is to contact the copyright holder and ask permission to use
the image. US copyright law contains *no* exception for using someone
else's copyrighted material on products that are for sale. That would
extend to using fabric printed with copyrighted cartoon characters - the
company making the fabric no doubt has purchased a license from the
copyright holder to create the fabric, but that license does not pass on
to the person who buys the fabric and creates items for sale.

Prepare for disappointment. The media conglomerates that own these
characters make a *lot* of money licensing products, and are not likely
to make exceptions for small crafters.

--Pat Kight


 
 
 

Copyright information

Post by Lois Taitagu » Tue, 23 Apr 2002 12:01:30


Thanks.  That's very helpful, and no doubt solid advice.  The more I
investigate this issue the more I agree with your final assessment,
even considering that the small crafters don't directly compete with
the actual products.  The craft organization I represent has 85
members and we have had some crafters using the Looney Tunes
characters in their products, and the question has finally been raised
as to whether the organization would also be held accountable if an
item was sold in violation of the copyright issue.  I'm beginning to
think it isn't worth the risk.
Quote:

>When dealing with obviously copyrighted material, the only 100 percent
>safe course is to contact the copyright holder and ask permission to use
>the image. US copyright law contains *no* exception for using someone
>else's copyrighted material on products that are for sale. That would
>extend to using fabric printed with copyrighted cartoon characters - the
>company making the fabric no doubt has purchased a license from the
>copyright holder to create the fabric, but that license does not pass on
>to the person who buys the fabric and creates items for sale.

>Prepare for disappointment. The media conglomerates that own these
>characters make a *lot* of money licensing products, and are not likely
>to make exceptions for small crafters.

>--Pat Kight


 
 
 

Copyright information

Post by Duchas de Abr » Wed, 24 Apr 2002 09:10:57



says...

Quote:
>I'm beginning to
>think it isn't worth the risk.

I don't think the risk is that great, and
I have probably violated copyright laws myself.
I'm an artist who is quite capable of inventing
my own characters. On the other hand, I've
produced art work that parodies that of other
artists, and walked the fine line in that regard.
 
 
 

Copyright information

Post by Pat Kigh » Wed, 24 Apr 2002 08:53:10


Quote:


> says...

>>I'm beginning to
>>think it isn't worth the risk.

> I don't think the risk is that great, and
> I have probably violated copyright laws myself.
> I'm an artist who is quite capable of inventing
> my own characters. On the other hand, I've
> produced art work that parodies that of other
> artists, and walked the fine line in that regard.

Parody is explictly protected by US copyright statute and case law.

Using fabric printed with Disney or Looney Tunes characters to create
items for sale, without permission of the license owner, is not - and
the media conglomerates are remarkably good at both finding out about it
and taking people - even "little people" to court.

(Personally, I don't care what the legal risk is - I respect copyright
because I respect the intellectual property of other artists).

--Pat Kight

 
 
 

Copyright information

Post by Lois Taitagu » Wed, 24 Apr 2002 10:48:26


There are several aspects of unintentionally violating the copyright
issue.  For instance, someone just starting to sell their crafts might
see a fabric with Mickey Mouse on it and think it would make a lovely
outfit for a doll, and never think twice about it, because, after all,
the fabric was bought and paid for.  Also with a lot of things that
have been with us always -- Raggedy Ann, for instance -- one just
doesn't think of anyone "owning" it.   In the case of Raggedy Ann and
other copyrighted dolls, I believe if you change 20% of it, it isn't
considered a violation(??).  I think I will recommend to our craft
association that if any item is recognizable and has a name, don't use
it.  You know, Daffy Duck, Mickey Mouse, Barney, Bob the Builder, etc.
Seems safe to me.  Thanks again for your input.  It has helped to
clarify the situation considerably.



Quote:
>Parody is explictly protected by US copyright statute and case law.

>Using fabric printed with Disney or Looney Tunes characters to create
>items for sale, without permission of the license owner, is not - and
>the media conglomerates are remarkably good at both finding out about it
>and taking people - even "little people" to court.

>(Personally, I don't care what the legal risk is - I respect copyright
>because I respect the intellectual property of other artists).

>--Pat Kight


 
 
 

Copyright information

Post by Duchas de Abr » Thu, 25 Apr 2002 00:13:40



Quote:


>>Parody is explictly protected by US copyright statute and case law.

>Interesting! To what extent?  When does use of someone
>else's imagery become parody?

And answering my own questions, I found the following
on the Web:

SUPREME COURT OF THE UNITED STATES
No. 92-1292
LUTHER R. CAMPBELL aka LUKE SKYYWALKER, et al., PETITIONERS v. ACUFF ROSE
MUSIC, INC.
[March 7, 1994]
on writ of certiorari to the united states court of appeals for the sixth
circuit

Justice Kennedy concurring.

"...parody may qualify as fair use only if it draws upon the original
composition to make humorous or ironic commentary about that
same composition. "
=========================================================================
In other words, you can't take, say, the Microsoft logo and use it to make a
parody about evil corporations destroying the ozone layer. Also, the parody has
to be sufficiently distinct from the original to be recognizable as a parody.

In the Supreme Court decision, there are four qualifying
"rules" on determining the legality of "parody" but the one
quoted above seems to be the defining one.

 
 
 

Copyright information

Post by Pat Kigh » Fri, 26 Apr 2002 15:15:04


Quote:


> >Parody is explictly protected by US copyright statute and case law.

> Interesting! To what extent?  

Check out http://lcweb.loc.gov/copyright/ for the whole scoop on
copyright. Particularly useful are the "fair use" provisions, which
aren't at all what a lot of people seem to think they are. (For
instance, one need not be making money to be in violation of copyright
law, although that's often where the lawsuits get filed.

The right to parody copyrighted works has consistently been upheld in
court (most recently in the case of the woman who wrote a novel based on
"Gone With the Wind," but from the slaves' perspectives.

Of course, that won't stop the Big Guys from suing, but it does improve
the parodist's chance of winning.

When does use of someone

Quote:
> else's imagery become parody?

Ah, that's a question for the lawyers, one of which I am not.

--Pat Kight

 
 
 

Copyright information

Post by Lois Taitagu » Fri, 26 Apr 2002 21:12:53


Thank you x 3!  That's exactly what I wanted, and spent hours seaching
and couldn't find.  Who would have thought it would be on the US
Copyright Office web page!?!?  Only a bear with a brain.

Quote:

>Check out http://lcweb.loc.gov/copyright/ for the whole scoop on
>copyright. Particularly useful are the "fair use" provisions, which
>aren't at all what a lot of people seem to think they are. (For
>instance, one need not be making money to be in violation of copyright
>law, although that's often where the lawsuits get filed.

 
 
 

Copyright information

Post by Duchas de Abr » Fri, 26 Apr 2002 23:49:18



Quote:
>Ah, that's a question for the lawyers, one of which I am not.

Actually, it's income for the lawyers who must
then persuade a judge or jury.

And disagreement on what the law says is the
reason cases go all the way to the Supreme
Court, as in the case I cited in another post
to this thread which was a test of the "parody"
aspect of copyright law:

Luther R. Campbell (aka Luke Skywalker) et al,
petitioners versus Acuff Rose Music, Inc.

Thanks for your feedback. It's been educational.