Copyright Laws (fini - I've been told you may be able to help!)

pheebs · 23 Oct 2008 at 12:48

... I am sure I swotted up on all of this last year but this area started to fade a bit and I just thought I would ask you peoples your opinions.

Rarely, some of my work is representative of TV/film, like the below:

Am I right in thinking that because it is my own drawing and interpretation, I could publish it without the worry of treading on anyones toes copyright wise? I have a feeling it's all a bit of a dodgy area, although am not overly worried as I don't have any problematic work like the above out there business wise!

Just curious though as I have a few sideline ideas and projects which I think would work famously business wise but there's not point in me going ahead if I'm only going to be sued

I figured if Weenicons could get away with their art work then surely I could get away with something similar! Although my ideas would include the usage of direct quotes from films/tv (which is my major concern at the moment)

Fini - I've been informed you may have yourself a history of IP so was wondering if you may be able to say!

Any help/ideas would be grand. I'm waiting on a response from the IP gov people but figured whilst waiting their returned call I'd ask around!

swinnie · 23 Oct 2008 at 12:53

When on a training course last year in the Adobe CS3 Suite, I was told by the guy who taught us Illustrator, that tracing or self-drawing the work means you own the copyright and Intellectual Property Rights (IPR) to the work you have produced - this is how many people get around copyright by "self producing and tracing".

pheebs · 23 Oct 2008 at 12:58

Yeh... there is some kind of way around it obviously otherwise as said - the Weenicons just wouldn't be published and on the market!

I'm just wondering where the line is... really don't fancy getting the pants sued off me

(the work I'm looking to do is a different brand to the above and a lot more basic - still quite stickmenny though. I'm more concerned about the quoting side of things too which would be essential in order to make this product work).

Raymond Lin · 23 Oct 2008 at 13:01

swinnie said:
When on a training course last year in the Adobe CS3 Suite, I was told by the guy who taught us Illustrator, that tracing or self-drawing the work means you own the copyright and Intellectual Property Rights (IPR) to the work you have produced - this is how many people get around copyright by "self producing and tracing".

Unless this guy practice as a Solicitor/Barrister in the area of intellectual copyright in his spare time then I would would give his judgment as much weight as the girl who serve coffee in Starbucks.

emmjaybee · 23 Oct 2008 at 13:03

Simple really just write a polite letter to the BBC showing the drawing and ask there permission and you may find they'll say go ahead or ask for a one off fee. Either way it's better safe than sorry. For example the guy who created the stormtrooper outfits for star wars is getting his arse sued by George Lucas for reproducing something he created. Research well and get confirmation in writing.

daz · 23 Oct 2008 at 13:03

I think parody is generally considered fair us.

Ah here we go

http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody

Raymond Lin · 23 Oct 2008 at 13:05

emmjaybee said:
Simple really just write a polite letter to the BBC showing the drawing and ask their permission and you may find they'll say go ahead or ask for a one off fee. Either way it's better safe than sorry. For example the guy who created the stormtrooper outfits for star wars is getting his arse sued by George Lucas for reproducing something he created. Research well and get confirmation in writing.

Ditto, simple letter to BBC asking if its okay, get it in writing, then your backside is covered.

Raymond Lin · 23 Oct 2008 at 13:08

daz said:
I think parody is generally considered fair us.

Ah here we go
http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody

wiki is not a place I'd go to for legal reference, for 1 thing, is US orientated, 2, it can be adjusted by users on the fly, 3, it could be written by anyone note remotely qualified. It's a starting point, but not what i would use as a Defence.

swinnie · 23 Oct 2008 at 13:09

Raymond Lin said:
Unless this guy practice as a Solicitor/Barrister in the area of intellectual copyright in his spare time then I would would give his judgment as much weight as the girl who serve coffee in Starbucks.

Yeah I understand that.

Raymond Lin said:
Ditto, simple letter to BBC asking if its okay, get it in writing, then your backside is covered.

I'm working on a similar project, and we have today just sent letters off to the original authors stating our intentions, and asking for written confirmation on the use of their work with them being fully credited.

pheebs · 23 Oct 2008 at 13:10

Thank you for the BBC advice but as the OP it's not for that picture

The work I'm planning to do would involve probably a couple of hundred films/tv proggys - my sketches off them and an odd quote to accompany it.

It wouldn't be as detailed as the sketch in the OP (as said - the OP sketch is a different brand) but would be identifiable to a set film and possibly a scene from that film.

Sooo... unless there is a general "yes you can do this but you can't do this this and this" line for me to work by... it would probably not be worth my time writing to the hundreds of IP owners for their permission!

So!

Not as simple as you think

Raymond Lin · 23 Oct 2008 at 13:10

If you have written consent then you'll be fine.

pheebs · 23 Oct 2008 at 13:18

As said - I'm not sure how easy/viable it would be to go and collect a range of about 200 consents from big time movies

Intrigued as to how Weenicons went about it... *hmm*

Raymond Lin · 23 Oct 2008 at 13:20

pheebs said:
As said - I'm not sure how easy/viable it would be to go and collect a range of about 200 consents from big time movies

Intrigued as to how Weenicons went about it... *hmm*

If you don't want to do that then the alternative would be get indemnity/liability insurance in case that the copyright holder takes legal action, even if one solicitor says you are fine, another one might not agree and ultimately it's down to a judge.

Snograt · 23 Oct 2008 at 13:24

If it's anything to do with Disney, forget it. They don't do "consent."

I think old man Lucas is similarly anal about intellectual property.

philjohn · 23 Oct 2008 at 14:03

I'm thinking you may run into trademark issues instead of copyright ones, I'd be more worried about that as marks have to be actively defended.

Surfer · 23 Oct 2008 at 14:04

example pics of your work?

pheebs · 23 Oct 2008 at 14:09

Currently there are only dawdles on bits of paper. I did something years ago as a present for a friend and she loved it and kept it. I wanted to replicate it but in a more professional manner! It's simple but time consuming so to be honest I don't reeeeeaaally fancy posting my ideas anyway incase they're nicked

But basically imagine for now stickmen with movie quotes little or no colour

Surfer · 23 Oct 2008 at 14:31

are these stickmen acting out scenes from the movie?

pheebs · 23 Oct 2008 at 14:36

In some cases yes, some cases just quoting scenes from a movie

Surfer · 23 Oct 2008 at 15:16

tbh - i reckon you'll be fine its your own work, a parody of some famous films in your own distinctive style. Have you done this before? Have you got a publisher lined up? Whats your plan? If its acting as regular income though i'd get professional legal advice just to be safe.