Here's the thing: I've been working on a project that involves taking pictures of a plastic toy that represents a well-known monster-type creature in pop culture. You can totally tell that I'm using a plastic toy, and as far as I've been able to find, there is no mark saying who manufactured the toy. As long as I use only the image (the photo of this toy) and not the name, can I make images with it and sell them? Or will it be an intellectual property issue and might I be liable? How do I research this? Please cite your source if possible, and thanks in advance for any help.
2006-10-29 09:11:13 · 4 answers · asked by Leslie D 4 in Politics & Government ➔ Law & Ethics
I think that the crux of your issue is about copyright protection of a fictional character (IE: Ronald McDonald, Godzilla, etc.). I am going to be lazy here (forgive me, it's a very lazy Sunday) and I will just point you to some sites. The first, is an article that seems to sum up the applicable law rather well.
The Wikipedia article will give you background information about the 1998 Mickey Mouse/Sonny Bono Copyright Protection Act.
And, the Findlaw article will give you an overall summary of the applicable Copyright law.
In response to your questions, it really depends upon how the toy's image is depicted in your photo. Is Ronald McDonald positioned in a way that suggests he is drinking and enjoying gallons of IBC root beer and this is an ad for IBC root beer that you're shooting? That, obviously, wouldn't fly. But, if you are shooting say... a bird fountain and plastic Ronald is in the fountain as an ornament, and you're shooting images for a "backyard kitsch" project... that, would probably be okay. I hope that the articles help. Good luck!
2006-10-29 09:39:00 · answer #1 · answered by Shibi 6 · 0⤊ 0⤋
http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html
Canadian Intellectual Property Office
2006-10-29 09:36:07 · answer #2 · answered by Jimmy Dean 3 · 0⤊ 0⤋
Based on what you've stated, your potential problem doesn't seem to be copyright as much as trademark. And the amount of risk you're taking depends upon factors that are not stated in the question, in particular the nature of your use.
If you have questions, you should consult a competent trademark lawyer.
2006-10-29 10:55:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Copyright regulation does prepare to any introduction, despite the fact that I doubt if featured interior the history like that the wallpaper's creators might have a comeback on your artwork. the place might it end? the concentration is the form and the clothing. The paper is jsut history. So no, i does no longer in my opinion hassle.
2016-11-26 02:21:58 · answer #4 · answered by ? 3 · 0⤊ 0⤋