My aunt wants to start selling homemade crafts and mugs with pictures of scenes from old movies. I'm concerned that this may backfire with copyright laws. Anyone know if there are any loop holes or problems? Please help.
2007-11-14 16:28:31 · 5 answers · asked by Anonymous in Games & Recreation ➔ Hobbies & Crafts
The films would have to be listed as public domain films to avoid any problems with copyrights. The following link is the P.D. films listed by wiki. I suspect with some digging you could find a more comprehensive list. If it's P.D. you should be just fine. Though I'd say always best to consult with a copyright attorney, it would be your safest bet on staying out of trouble. Specially right now when studios and what not are being over zealous with sueing because of download sites and such. There could be cases where the films are P.D but a movie star in them still has an estate and say on images with that celebrity.
There are some cases where it might be covered under fair use if it were satire and what not but a lawyer in this field again would be the safest way to go.
2007-11-14 17:40:27 · answer #1 · answered by gildenlas 1 · 1⤊ 0⤋
It is illegal to use those images without permission from the copyright holder. I would highly recommend her to familiarize herself with the law. Lack of knowledge on the law does not excuse her from adhering to it.
The link below is the actual laws on copyright in the crafts industry.
Usually a first-time offense will only merit a "cease and desist" - but some license holders (like Disney and Marvel) are more severe. The reason they go after the small crafters is to maintain a precedent. If they only pursued major offenders, then the defense could claim they turned a blind eye to small offenders and they would have no case.
On the flip side, photography is easier than ever with digital cameras - perhaps she could consider using her own, stylized images.
2007-11-15 00:38:00 · answer #2 · answered by seweccentric 5 · 2⤊ 0⤋
Another thing that may have to be considered for certain movies is trademark. Steamboat Willie is for instance public domain in a couple of countries but since Mickey Mouse is a trademarked character (and probably will be forever) you still can not use parts of the movie freely.
2007-11-15 04:06:59 · answer #3 · answered by minimaker 4 · 0⤊ 0⤋
I'm not really sure- maybe she can ask the person about the sayings? Though I've saw many on Cafepress.com and I assume if people are still selling similar stuff, they've never gotten in trouble for it. Cafepress lets you personalize stuff the way you like- make a price, sell it for free and Cafepress make a certain pecentage and you make a percentage as well. good luck!
2007-11-15 00:32:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I wouldn't risk it. She could really get into trouble, plus I am sure she wouldn't want to make money from someone else's ideas - that's just wrong.
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2007-11-15 10:29:18 · answer #5 · answered by Kacky 7 · 1⤊ 1⤋