Paint Basket Member Art Forum

Author Topic: Well known characters  (Read 2409 times)

Val

  • Global Moderator
  • Master Artist
  • *****
  • Posts: 19091
  • SMILE, It's a brand new day!
Reply #15 on: May 22, 2013, 04:05:29 AM
This is an eye opener .... those pans are sold everywhere. You can even buy those cakes at a lot of supermarkets.



Cheers, Val

”Creativity is allowing yourselves to make mistakes. Work on knowing which ones to keep!”

- Alvaro Castagnet


Lillian

  • Master Artist
  • *
  • Posts: 5275
Reply #16 on: May 22, 2013, 04:31:39 AM
Perhaps those pans should come with a label giving a warning in large bold letters! 
"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."


Maryna

  • Easel
  • *
  • Posts: 1548
Reply #17 on: May 22, 2013, 06:14:46 AM
Well all I can say is hmmmmmmm I hear everyone BUT yes the pans, the mugs, the t-shirts, the back to school stuff the stuff for characters is sold everywhere all over the world!

 ???
"It's not what you look at that matters, it's what you see"


jrhall036

  • Paint Brush
  • *
  • Posts: 698
Reply #18 on: May 22, 2013, 07:05:26 AM
My friend's situation was a real eye opener for me, too. Originally, I had thought about decorating cakes to make some extra money (and because I just liked doing it), but after this happened, I decided against it. Too bad I didn't come to this realization until after I had invested hundreds of dollars in cake pans! One of these days I'll sell back my pans on EBay--the same place I purchased the ones I have now.

Val:  Yes, these pans are for sale everywhere--grocery stores, online, cake supply shops, etc.  My local art supply store has now placed a sign in front of the pans informing customers of the trademark issues regarding these Disney character pans. The last time I looked at the Wilton website, they also printed a legal disclaimer on the Disney pans they have for sale on their site.

Maryna: Your question is a good one, and indeed one that came up in the court hearing.  There are hundreds of distributors that sell items with these characters all over the world, but these sellers requested permission from Disney and actually paid a fee to use the image in their artwork before selling their works to the public. From what I understand, the fee amount is contingent upon the number of works being generated that uses the trademark.

I get frustrated sometimes with this issue myself. For example, I am an author of several music reference books, which contain images of music manuscripts by Beethoven, Mozart, Schubert, Liszt, etc. The intellectual and creative rights of these composers expired long ago, but my publisher still requires me to pay permissions to the archives, libraries, or private collectors who hold the manuscripts before I can publish an image of the manuscript in my books. I could understand this if the composers were still alive or if they had ancestors who could still benefit from the fees I pay, but this is usually not the case. Instead, wealthy archives and private benefactors receive large amounts of income every year just from owning these works, when they had nothing to do with the creation of the artwork. It just seems unfair to me.  The artists (or their ancestors) aren't receiving any monetary benefit from the fees; only big businesses are.  I also doubt that the artist who created the Disney characters receive benefit from any derivative works, either; the Disney Corporation does, however.

OK, now I'm off my soapbox!   ;D

Hugs,
Jani 
Cheers,
Jani


Germa

  • Guest
Reply #19 on: May 22, 2013, 09:13:54 AM
Well all I can say is hmmmmmmm I hear everyone BUT yes the pans, the mugs, the t-shirts, the back to school stuff the stuff for characters is sold everywhere all over the world!

 ???

And from every item sold, the holder of the brand is getting a commission of the sale. When you go to our biggest harbour, there are a lot of companies, just inspecting illegal stuff, most made in China, most of the time it isn't possible to catch the Chinese firms who make this stuff, but it gets destroyed immediately.


nolan

  • Administrator
  • Master Artist
  • *
  • Posts: 11188
    • Draw With Nolan
Reply #20 on: May 22, 2013, 12:25:44 PM
a perfect example of what we keep warning about. If you paint a copyright scene, you need to keep that painting for yourself. Don't even share a photo of it.

Eg. I painted a Disney scene with Winny the Pooh and friends for my daughter when she was small. She has since passed it on to her younger sister who loves it. It is happily hanging on the wall, but once they are big, then I will just make the painting disappear, ie., quietly pop it into the bin.


Lillian

  • Master Artist
  • *
  • Posts: 5275
Reply #21 on: May 22, 2013, 02:33:52 PM
So, Nolan, you don't think you'll have grandchildren?  Wouldn't it be ok to keep it in the family?  I suppose eventually it could migrate from there.
What if you were to remove your signature?  Hmmmmm, I hate to see any of your great works get binned!  :(    :'(
« Last Edit: May 22, 2013, 02:36:40 PM by Lillian »
"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."


Tony (ASM)

  • Canvas
  • *
  • Posts: 2560
  • I'm Tony from Halifax, UK
    • http://www.youtube.com/user/Topdoginuk?feature=mhee
Reply #22 on: May 22, 2013, 10:14:50 PM
Nolan!  :o  A man with a plan! I think you maybe in future trouble! Cruising for a bruising from your daughter!
''Don't spend life going forward in reverse, just glimpse the rear view mirror now and again then, focus on what lays ahead''.
(Tony. ASM 3rd July 2013)


ncwren

  • Master Artist
  • *
  • Posts: 5342
    • NC Wren Fine Art
Reply #23 on: May 24, 2013, 06:07:17 AM
 :o chilling story Jani!
~Natalie

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


nolan

  • Administrator
  • Master Artist
  • *
  • Posts: 11188
    • Draw With Nolan
Reply #24 on: May 24, 2013, 01:44:32 PM
By the time my kids have kids, the painting will have disintegrated already  ;D


ImBatman

  • Easel
  • *
  • Posts: 1389
  • 5375
    • creative with colour
Reply #25 on: May 25, 2013, 11:08:19 AM
Why Nolan, was that when you were still using Student Quality materials?
I guess it will make the copyright breach claim hard to prove... :2funny:

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


 

SimplePortal 2.3.5 © 2008-2012, SimplePortal