Re: [SkunkworksAMA] A question of ownership

From: David Parenteau <kitfox_at_firstlight.net>
Date: Wed, 10 Nov 2004 14:08:10 -0700

At 02:03 AM 11/10/2004, Take a wild, friggin guess wrote:


>--- In SkunkworksAMA_at_yahoogroups.com, Scrapper Black Dragon
><scrapperbd_at_y...> wrote:
> > Who has copyright on Tabitha, TJA mascot?
> >
> Desiree originally designed the character. She gave TJA
>permission to use it on their site. However, the actual copyright
>belongs to me, and this is how:
> The character was submitted, along with the entire By The Tail
>crew, to the Library of Congress for purpose of registering a
>copyright. It was done under my name because 1)I designed the
>original BTT crew, back in 1990, and 2)Des refuses to release her
>real name, which is necessary when registering a copyright.
><Snip>
> But in a nutshell, I possess the registered copyright on the
>character, and have for nearly a year now.

Actually, on -that specific image of the character-, not on the character
itself, as a general rule. Unless you included a substantial textual
description, name, attributes, etc, in that copyright, any other image of a
"Cheetah that looks the same as Tabitha and happens to have the same name"
is a new work. In fact, by making an image depicting Tabitha doing
something completely out of character, that in itself can constitute enough
to say "This is no longer the same character. It's another cheetah with
the same name, but obviously, by the description, the character in question
would not do this, so this isn't the copyrighted character."

See:
http://www.flayrah.com/modules.php?op=modload&name=News&file=article&sid=1352&mode=thread&order=0&thold=0
For more specific details and data in a decently-written form. :)
Received on Wed Nov 10 2004 - 13:09:11 CST

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