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Author Topic: Well known characters  (Read 2403 times)

ImBatman

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on: May 17, 2013, 03:18:05 AM
I thought that since the new section had been started I'd pose this question:

My niece turns 5 soon and absolutely loves Dora. Is there any copyright breach if I go and take Dora (who is lets be honest a few very set outlines with some colour) do a painting, not of a specific freeze frame or anything, but just my version of Dora and give that to her as part of her birthday present, does that breach copyright?

Or is it only if I take a particular image of Dora and do that where I cross the line? Or are we now talking Trademarks?

Batman.
« Last Edit: May 17, 2013, 03:26:54 AM by ImBatman »
I will have the chance to achieve perfection, when and only when I can remember the future.


Maryna

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Reply #1 on: May 17, 2013, 04:34:21 AM
Gosh that is a good question. Dora is a trademark. But there are thousands of people who use her image on mugs, t-shirts, play-schools you name it. In my opinion I think that would be ok.
"It's not what you look at that matters, it's what you see"


Germa

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Reply #2 on: May 17, 2013, 04:42:45 AM
Dora is the property of http://www.mtvnetworksdigital.co.uk/about_us/offerings.php
That's a biiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiig company, I wouldn't want to fight with them.

But you could ask them, of course.



Northbound

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Reply #3 on: May 17, 2013, 06:12:12 AM
If you're not putting the image into public spaces and is only being used as a personal gift, without the intention of making profit, I don't see how MTV would even know you did it, let alone care.   :)


Germa

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Reply #4 on: May 17, 2013, 06:26:34 AM
True, I don't think MTV goes worldwide to every child's bedroom to see if there is anything that's against the rules.

But hé, when your mom doesn't see it, you still aren't allowed to steel a cookie. ;)  :knuppel2:  :2funny:

The law says No, but whatever you do with the law, that's your own responsibility , but you can't show the result on the forum, by example, because the forum shares everything with facebook and believe me, facebook is being controlled by big companies.

Not to forget the problems Dennis and Nolan might get.


ncwren

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Reply #5 on: May 18, 2013, 09:47:15 AM
I think you are okay with personal use.  You could try painting your niece in a Dora outfit instead.  ;) Give her a little backpack and stuff.
~Natalie

Be an encourager. The world has plenty of critics already. ~Dave Willis


Zach

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Reply #6 on: May 20, 2013, 09:10:07 AM
I used to watch Dora when I was like 5 or 6, but then I quit cause I realized I was a dork for watchin a girls show.
My God's not dead.

Find my art on facebook!! 
https://m.facebook.com/TheArtOfZachDames/


ImBatman

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Reply #7 on: May 20, 2013, 10:16:31 AM
Nice idea Natalie, but she doesn't quite fit the Dora image, not with her blonde hair and fair complexion...

With my question I was really just checking on the legalities of using the character. Not a specific picture of her.

Batman.
I will have the chance to achieve perfection, when and only when I can remember the future.


Germa

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Reply #8 on: May 20, 2013, 10:30:13 AM
The character is a brand and brands are protected by law.


dennis

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Reply #9 on: May 21, 2013, 12:33:16 AM
Just to let you know:
As per the section Forum Tech Stuff - Fine Print - Current Registration Agreement, any copyright infringement committed by any of the members of the Forum in the Forum is to the account of the individual committing the infringement and not the Paint Basket.

What happens outside of the Paint Basket is not our responsibility, but I would hate to see any of our member get into trouble. Remember the onus is on you to know the law. One of the biggest problems happens when someone does not like you and reports you through jealousy. Don't take chances.

Because I have commented so many times in various places, and have a section which explains the copyright Law in detail, I personally will not be adding any more comments re copyright in the future.
You are what you THINK about - Napoleon Hill


ImBatman

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Reply #10 on: May 21, 2013, 01:05:14 AM
Thanks for being so patient thus far Dennis.

I guess I now have to go and explain ridiculously convoluted laws to disappointed 5 year old as to why I can't paint the painting of Dora she wants.

An old saying says "There is nothing new under the sun." Humanity must have been breaching copyright forever.

Another thing I read about copyright was something along the lines of "the idea behind copyright, wasn't to guarantee an original author income from that work."  Or knowing legal terminology - about 5000 words longer to say the same thing.

Batman.
« Last Edit: May 21, 2013, 01:47:18 AM by ImBatman »
I will have the chance to achieve perfection, when and only when I can remember the future.


jrhall036

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Reply #11 on: May 21, 2013, 01:12:16 PM
I'm pretty sure Germa is right about this issue. I had a friend who baked and decorated birthday cakes out of her home. She used to purchase her baking pans from Wilton Cake Decorating, a company that sells pans in the shape of Disney characters (Mickey Mouse, Goofy, Sponge Bob Squarepants, etc.), mostly for family members' birthdays and showers, but also for a small fee--$10, I think, just to cover supplies--to people outside the family. One of her friends posted a picture of the Disney birthday cake she made on Facebook, and a few days later she received a "Cease and Desist" letter in the mail from someone in the legal department at Disney, who threatened her with legal action if she didn't immediately cease baking and distributing cakes made from their characters. I hate to say it, but she ignored the letter because she thought that the only way she could get into trouble was if she charged money for the cakes.  Unfortunately, she was wrong. Disney ended up suing her for $30,000--a combined total from 3 infractions at $10,000 each time that she made a cake after they sent her that Cease and Desist letter, not counting her legal fees.  Last week she filed bankruptcy.  I don't know about you, but I wouldn't take the risk, 'cause I certainly don't have thousands of dollars to cover myself if someone inadvertently slipped up and posted a picture on a private page or told the wrong person about it. 
Cheers,
Jani


Zach

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Reply #12 on: May 21, 2013, 01:24:05 PM
Dang!
My God's not dead.

Find my art on facebook!! 
https://m.facebook.com/TheArtOfZachDames/


Lillian

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Reply #13 on: May 21, 2013, 04:04:51 PM
Jani,  :thankyou:  for this story.  The message rings loud and clear!
"The way to be happy," said Winston Churchill, "is to find something that requires the kind of perfection that's impossible to achieve and spend the rest of your life trying to achieve it."


dennis

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Reply #14 on: May 21, 2013, 08:42:58 PM
Thanks for that confirmation, Jani.
This is exactly what I don't want happening to any of our members.
You are what you THINK about - Napoleon Hill


 

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