Oops, replied to he wrong message somehow.
-----Original Message-----
From: Andrew Greene [mailto:blaze_at_netaxs.com]
Sent: Friday, October 24, 2003 12:43 PM
To: SkunkworksAMA_at_yahoogroups.com
Subject: RE: [SkunkworksAMA] Stuffed Toys, Copyrights, And Etc...
OK. looks like you can have the room.
-----Original Message-----
From: David Parenteau [mailto:kitfox_at_firstlight.net]
Sent: Friday, October 24, 2003 3:51 AM
To: SkunkworksAMA_at_yahoogroups.com
Subject: Re: [SkunkworksAMA] Stuffed Toys, Copyrights, And Etc...
Said time and time again...
You Cannot Copyright a Character. Period. Not possible.
Copyright law
does not cover characters.
You can TRADEMARK, or PATENT a character for use in specific trade
situations, or as an idea as a whole, however that requires specific
registration of the character description and likeness.
Copyright covers the permission or lack thereof to reproduce a
given "Work".
"Copyright protection subsists, in accordance with this title, in
original
works of authorship fixed in any tangible medium of expression, now
known
or later developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine or
device.
"In no case does copyright protection for an original work of authorship
extend to any idea, procedure, process, system, method of operation,
concept, principle, or discovery, regardless of the form in which it is
described, explained, illustrated, or embodied in such work." (US
Copyright
Law)
A picture of Natasha is Copyrighted, and may not be reproduced,
displayed,
or have a derivative work created without permission. (Please note: To
qualify as a derivative work means that the plushie of Natasha would
have
to be precisely identical in pose, look, composition, etc, as the
original
piece of art. If you cannot take said plushie, take a picture of it,
compare said picture to a pre-existing graphic, and say "They are
precisely
identical", then it is not a derivative work.)
The CONCEPT of Natasha as a character, however, is not copyrighted, and
is
not copyrightable. A specific description of her can be copyrighted,
though
that means the text of the description itself is, not the ideas and
concepts behind it.
So, 99% chance or greater that the plush is not a copyright
violation. ALSO noteworthy, damages cannot be sought unless the
copyright
is REGISTERED. Otherwise only a C&D is applicable. (Registering a
copyright
on a piece of art requires form VA or Short form VA, and is a $30 fee.)
Summary:
A character cannot be copyrighted.
The artist can't do much about it legally anyway... HOWEVER...
That brings us to the other side of the coin...
Just because a character cannot be copyrighted, and there is no legal
recourse for the creator of the character under almost all
circumstances,
it is important to point out that ASKING is the best practice, as is
honoring a No if that is the answer.
Among other things, there are MANY recourses that exist other than Legal
ones... and NONE of them are good.
Want a shining example? Find for me 10 furry pictures on the internet
by
Joseph D Nye. Pretty ruddy tough, ain't it? J Nye was a pretty darn
good
artist who was burned by people stealing his work. So, he up and
left. Pulled his work off the net, and Poof! Gone.
Now, think, how many people would be slightly annoyed if Jim pulled his
work, and stopped making any more? Do you think they would blame Jim,
though? Oh, nonononono... They would blame the idiot or idiots who
pissed
Jim off enough to make him leave... And the sight would NOT be at all
pretty if they ever FOUND those idiots in real life.
And this applies to ANY artist, or even any individual.
And seriously, even if the person has no weight to pull that way, it's
simple courtesy to ask first. People work hard on their creations, and
even though they can't protect all of them with threats or weight, you
should respect that work. How would you like it if somebody screwed
with
something YOU created or were proud of? You'd probably want to kill
them. You don't like the feeling of that desire. Neither does anybody
else.
Best to ask first. Keeday?
But also, best to not wave around fictitious "Character Copyrighted By"
or
other threat flags. Too much waving of those flags means that the entire
rights issue is built on the wrong foundation.
If people THINK they can be sued, they won't do it. BUT, when they find
out
they CAN'T be, they -WILL- do it.
However, basing the right on respect, and on being an intelligent person
and doing the right thing... There is no workaround for that, and it
builds
the bonds much more strongly.
So, just think... Can he sue me, or do anything legally? Nope. BUT...
Can
my actions cause very bad things to happen to thousands of people? Yes,
they can. And unless you are a terrorist, that is probably not a
palatable
thought to you.
Keep Well,
- Kit
Yes, this message is copyrighted, and by Me. It is not registered, so
no,
I cannot sue you if you copy it. HOWEVER, as the copyright owner, it is
my
prerogative to state that this message is released for reproduction, and
may be copied, distributed, and otherwise reproduced WITH NO
MODIFICATIONS.
(Ie, Derivative Works may not be created.) Pass it out wherever you
like,
with the entire thing intact (Including this notice at the bottom.)
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Received on Fri Oct 24 2003 - 10:30:44 CDT