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| Tips, Techniques, and Questions -- Technical questions or tips |
2012-08-28, 11:34am
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Renee
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Join Date: Dec 21, 2006
Location: Carrollton, GA
Posts: 244
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Just wondering about charatures
Hi all! I was wondering about the beads that people are making that look like recognizable cartoon or book charactures. Is it legal to make and sell them? I know you can't paint them on wood without a license from them. I just don't want to get in trouble. Your thoughts?
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2012-08-28, 11:48am
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Member
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Join Date: Mar 28, 2009
Posts: 65
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I'll bet Sharon Peters could be a great help in answering this question.
Jo Kaczmarski
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2012-08-28, 12:11pm
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Senior Member
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Join Date: Dec 24, 2011
Location: Big Island of Hawaii
Posts: 245
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Copyright law prohibits reproduction of a copyrighted item in any media. Unless you have permission, of course.
20 years ago, I heard it cost about $10 grand to sue OR defend a copyright case, probably much more now. If you lose, expect to turn over all money gained from the unlawful use, plus possible punitive damages, plus lawyer fees.
I find it easier to just make up my own designs.
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As my old costume teacher used to say, "Poor taste costs no less."
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2012-08-28, 6:56pm
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Renee
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Join Date: Dec 21, 2006
Location: Carrollton, GA
Posts: 244
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I thoughouly agree. I do my own designs, but I saw some bead charactures on here that I was wondering about. I'm not out to copy anyone- I was just wondering because I'm seeing it.
Quote:
Originally Posted by steiconi
Copyright law prohibits reproduction of a copyrighted item in any media. Unless you have permission, of course.
20 years ago, I heard it cost about $10 grand to sue OR defend a copyright case, probably much more now. If you lose, expect to turn over all money gained from the unlawful use, plus possible punitive damages, plus lawyer fees.
I find it easier to just make up my own designs.
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"All unattended children will be given an expresso and a FREE puppy!"
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2012-08-28, 7:03pm
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Senior Member
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Join Date: May 23, 2006
Posts: 5,540
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Don't do Disney. They have spy's LOL! I don't think Sharon does anything that has been done before if I'm not mistaken.
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Cynthia
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2012-08-28, 7:39pm
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Unmedicated since '62
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Join Date: Jan 18, 2009
Location: Hunter Valley, Australia
Posts: 5,907
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its not illegal to make them but it is illegal to sell them
i've seen beads that look very very much like mickey mouse but hey, black beads can have two black dots as long as you dont call the bead mickey mouse 
hello kitty seems to be the favorite at the moment
smacks of lack of imagination to me
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Deb
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- my 17yo sons first novel
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- download, get organised, enjoy
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2012-08-28, 8:12pm
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Senior Member
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Join Date: Jun 23, 2005
Location: Up and down I-95
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I've made cartoon characters and movie characters for BOC because I thought the kids would like them. I wouldn't sell any of them.
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Rebecca
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2012-08-28, 8:27pm
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Renee
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Join Date: Dec 21, 2006
Location: Carrollton, GA
Posts: 244
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I was actually wondering about the grinch to be honest. I wanted to make Christmas presents for my nieces and nephews. It's ok as long as I don't sell them?
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2012-08-28, 8:37pm
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If it's just a gift for nieces and nephews, I'd totally go ahead and do it...
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Patti T.
Fullerton, CA
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2012-08-28, 8:54pm
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Senior Member
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Join Date: Jan 26, 2012
Location: NW Washington
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From what I understand, you may make an exact copy of anything as long as it is for your own personal use, but it must never be sold or used as any form of advertisement.
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2012-08-29, 2:50am
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Senior Member
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Join Date: Dec 24, 2011
Location: Big Island of Hawaii
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I heard of a case where an artist donated time and materials to do a mural based on Disney characters in a children's hospital. Nothing sold, nobody making money off it, but the courts still ruled it copyright infringement and the mural had to be painted over. The law says "don't MAKE copies," not "don't sell copies."
I know Disney gets a bad rap, but look at it from their viewpoint;
1) they spend huge bucks marketing their characters, why should anybody else get the rewards? and,
2) if they don't take action on EVERY case they discover, the intellectual properties are in danger of losing all copyright protection.
That's what happened to the Kleenex brand name; it has become a generic term for tissue. Same thing with "Hershey bar", once protected, now free game.
I researched copyright several years ago, and wound up having an article published on it. I think the most common misconception is "If you change 3 things (or 30%, or some other quantity), it becomes your design." Nope, if it is recognizable as a version of the original, you need permission.
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As my old costume teacher used to say, "Poor taste costs no less."
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2012-08-29, 5:10am
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Who me?
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Join Date: Jun 15, 2005
Location: Hagerstown, Indiana
Posts: 2,284
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Quote:
Originally Posted by glassactcc
Don't do Disney. They have spy's LOL! I don't think Sharon does anything that has been done before if I'm not mistaken.
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Hmmmm, there is a lady who does Mickey and Minnie Mouse ears on her beads....in black, it's totally obvious that nothing else looks like MM and MM. Wonder how she gets by?
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From the Perimeter of the Great Dismal Swamp
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2012-08-29, 5:29am
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Renee
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Join Date: Dec 21, 2006
Location: Carrollton, GA
Posts: 244
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I know things get iffy at times. There was a promoter at a show promoter who banned anything college related in her show - understandable. That's a no no. BUT then she tried to ban anything in people's booths who had school colors! She didn't have the right to tell an artist next to me that they couldn't use black and red,or orange and blue etc. LOL!
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2012-08-29, 7:44am
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Senior Member
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Join Date: Jun 23, 2005
Location: Up and down I-95
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I made Grinches one year for Christmas gifts and I think for some Christmas bead exchange. It's just a gift, go for it. Lots of fun to make.
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Rebecca
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2012-08-29, 11:58am
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Artistically Absorbed
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Join Date: Jul 27, 2007
Location: Emerald City
Posts: 546
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Actually this is a good question. I have been making anime inspired eye beads, not of any particular character, but I did one over pixie dust that had a golden eye, and kinda reminded me of twilight vampires, so I called it Bella Lives. I don't want to get into any type of copyright infringent over it, should I take my auction down? Or maybe just change the name? It doesn't look like her exactly, a loose translation at best. What do you guys think?
-Echo 
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SRA Artist A64
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2012-08-29, 1:07pm
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color bomb
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Join Date: Jun 28, 2010
Location: The fine line between genius and insanity
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Is she the only vampire named Bella that ever lived. Highly unlikely (if vampires were real, of course). I wouldn't worry about it.
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2012-08-29, 1:29pm
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Artistically Absorbed
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Join Date: Jul 27, 2007
Location: Emerald City
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I changed the name on the auction, just in case. I don't want any trouble.
-Echo
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