Soon I will be doing some murals for a family friend. She would like either a Care Bears or Winnie the Pooh mural. But since I don't know the copyrights laws very well, I don't think this is legal, since Im going to be paid to do them.
What should I do?
I figure I could either do some bears that look similiar to the Care Bears, but shouldn't offend the copyright for them. But I don't know if she will like this idea and her kids might not like it either.
My other idea is to not charge for that mural at all. Im going to be doing at least three murals total and the other ones doesn't include copyrighted material. Would that work instead?
Thank you for any help. Any advice will be appreciated.
2007-03-09 16:59:04 · 6 answers · asked by artistguy 3 in Arts & Humanities ➔ Visual Arts ➔ Painting
Sorry about this. It is for a place of business. How much will this change my plans? Thank you all for your answers so far.
2007-03-10 14:42:35 · update #1
I was a proff. mural and decorative artist for 30 years. The companies that own the copyrights to these things are not going to go in and inspect a private home. Yes, be aware of copyrights-ie;don't paint something copyrighted in a place of business, or a public place, but private kids rooms are fine. Get paid- your doing the work By the way -in Ca you don't need a contractors license just a business license for taxes-unless you consistantly cover the whole wall. Like faux finshing (then you'd need a painting contractors lic.) Always get a signed bid-one for you and the client. ALWAYS note that it will be an extra expense to do any unforseen prep or wall fixing etc. Get a deposit-you may not need to with this friend-and note on bid sheet that payment is due upon completion. As a sole proprietor you need to be covered for health but can use your private health insurance- if you have these things you can work with builders and designers- make up examples of your work to mail out for their "Vendor files". I've seen other artists copying copyrighted things on canvas as murals to sell on ebay-THAT is a huge no-no and I'm surprized Ebay hasn't caught it- but you are fine on this one.Have fun!
2007-03-10 03:48:13 · answer #1 · answered by ARTmom 7 · 1⤊ 0⤋
Copyrights don't change if you get paid or not. If you are using somebody elses material you are putting yourself for a potential lawsuit. There was a case couple of years back when a public library used Disney characters for a mural and Disney made them take it off.
The only thing is that it is not a public place that you are going to paint so it is a small chance that somebody will notice it and they wont be able to just go into your friends house and look at it.
I would charge them and give them a refund if problems arise.
If it is for a place of business I would ask for permition first and not do anything till I get one
2007-03-10 08:20:50 · answer #2 · answered by Anonymous · 1⤊ 0⤋
from what i understand, as long as the images arent being sold you should be okay. if its for a childs room, all is good, i doubt you'd get sued over that.
I do live in canada and the laws here are different.
You're going to be paid for your time and materials. if you were to paint the mural to make profit off of it, or if its going to be used in a film or tv series, you would need distribution rights.
I wouldnt worry too much about it if its just for a childs room.
You could also personalize the care bears to fit the children, instead of having a heart or a clover in the stomach of a bear, paint the childs favorite toy or pet.
you might want to do a bit more research, canadian laws are different than american.
good luck :D
2007-03-10 01:10:23 · answer #3 · answered by hcqfilms 2 · 1⤊ 0⤋
If I was in your position I would go ahead and do it. Because it is for private use I doubt that you will have any problems charging for them. If you don't feel right about it I would not charge for the mural, but maybe for the time you spend doing it. I don't think you will have any trouble.
P.S. This is from one professional artist to another. Good luck!
2007-03-10 01:16:55 · answer #4 · answered by aimeeme_g 5 · 1⤊ 0⤋
Chances are you will not be in trouble for this. The companies will be making plenty of money off the characters via bed spreads, toys, etc. They would consider it a synergistic arrangement business wise and not worth their trouble. IF you were going to produce it on T-shirts or some other mass produced item then you would be in big trouble.
2007-03-10 05:53:09 · answer #5 · answered by american horse 3 · 1⤊ 0⤋
I don't know the copyrights law either, so my suggesstion is:
To be on the safe side, do it how she wants them done, for free.. and she can pay you back in another way whether it be taking you out for dinner, doing a favor for you, etc. Good luck!
2007-03-10 01:11:33 · answer #6 · answered by Lisa 2 · 1⤊ 0⤋