Is this copyright infringment?

by 15 replies
18
Hi guys,

I have question that i am not much aware if its copyright infringment or not.
My wife create handmade dolls from a bunch of different themes, and some of them are well know themes, like characters from the disney for exemple.

She does not copy images, or anything like that ,she creates the dolls based on the character image, and the final result its not even an integral copy of a character, since everything its handmade, so each one is always different (the eyes, can be bigger, smaller, darker, lighter, etc).
So i would like to know if selling an handmade doll of an well known character would be considered copyright infringement or no?

Thanks in advance,
Morg
#main internet marketing discussion forum #copyright #infringment
  • More likely to be trademark infringement than copyright violation.
    • [ 2 ] Thanks
  • Banned
    Yes, this will fall under "trademark protection", I think. It's breaching "merchandising rights", if trademarked, which often change hands for very large amounts of money, especially in the case of characters from books/movies/games, and they do get enforced. (I'm not a lawyer, but there have certainly been cases of people getting into trouble for exactly this).
    • [ 1 ] Thanks
  • I would say that unfortunately it is some type of infringement. For example, if someone were to even write fan fiction, that would be considered infringement, even if they gave it away without selling it.
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  • Thanks, i will need to get more documentation about this topic, because there is Public Domain brands, Countries exclusions, etc.

    Thanks for all the feedback guys.
  • Not directly related but here are some common misconceptions about copyright:

    Summary of current copyright law as it pertains to email, web sites, mineral clubs, club newsletters.

    If it were me I'd simply contact the owner of the copyright and if they don't have a problem with it then drive forward!!

    ~SW
    • [2] replies
    • If the characters are Disney characters, Harry Potter, Looney Tunes, Pixar, etc., than yes you have a big issue.

      If the characters are based on stories from people who have been dead for a long time (so their copyrights have expired), like Shakespeare, or Grimm's Fairy Tales, then you are alright PROVIDED you go back to the original source.

      It's one thing to go back to the original Snow White story, and create your own character based on it. It's another to create a character model based on Disney's version of Snow White.

      Btw, some British readers may recall the BBC going after a lady who was offering knitted Doctor Who characters on ebay.
    • That's good suggestion. I don't think they will have any issue since the dolls are handmade but to be on safe side, its better to contact them, they might give their consent to use it. [you never know until you try]
      Good luck with it.
      • [2] replies
  • Even though there are thousands of crafty folks world wide who create and sell dolls and paintings etc of well known characters without an actual legal licensing agreement in place, most are simply managing to get away with this activity as they remain under the radar. Selling 1 or 2 dolls of your one of a kind interpretations of a trademarked character to a friend or neighbor probably falls within a grey area, and might not be lawsuit worthy to a corporation, but then again as Alexa mentioned above, there have been cases of people getting into trouble, and SunilTanna mentioned a 2008 case which drew some attention online. Thus if the plan is to start selling these dolls commercially in significant amounts, (especially online) you would want to ensure that you have the legal right to do so.
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  • If any reasonable person would consider the doll a likeness of a famous character, you have a problem.
  • That would definitely be trademark infringement.
    • [1] reply
    • Thanks.
      For all the feedback.

      Regards,
      Mofg
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