[comp.graphics] Graphical Copyright

everson@CompSci.Bristol.AC.UK (Phill Everson ) (08/29/89)

The central 7 machines on our local network here are named after the 7
dwarves.  To create a label for each of them I drew (in fig) a small
cartoon of each dwarf based on some pictures I found in some childrens
books. What is the position regarding copyright on this - can I release
these pictures as public domain clip-art?  

Phill Everson 
Medical Imaging 
Dept Comp Sci 
University of Bristol, UK

arch_ems@gsbacd.uchicago.edu (08/29/89)

>The central 7 machines on our local network here are named after the 7
>dwarves.  To create a label for each of them I drew (in fig) a small
>cartoon of each dwarf based on some pictures I found in some childrens
>books. What is the position regarding copyright on this - can I release
>these pictures as public domain clip-art?  


Walt Disney (probable holder of your 7-dwarves copyright) is one
of the most stingiest copyright protectors anywhere (see recent
articles regarding Disney's purchase of KERMIT the frog in the
Wall Street Journal to understand why they protect their wealth
generating property).  My lay-legal person advice to you is
DON'T DO IT.  Disney will not like the idea that their dwarves
could be considered 'public-domain' in any way, shape, or form.


Edward Shelton, Project Manager
ARCH Development Corporation
arch_ems@gsbacd.uchicago.edu

thecloud@dhw68k.cts.com (Ken McLeod) (08/30/89)

In article <918@csisles.Bristol.AC.UK> everson@CompSci.Bristol.AC.UK () writes:
>The central 7 machines on our local network here are named after the 7
>dwarves.  To create a label for each of them I drew (in fig) a small
>cartoon of each dwarf based on some pictures I found in some childrens
>books. What is the position regarding copyright on this - can I release
>these pictures as public domain clip-art?  

  Don't let Disney's lawyers get hold of you! There was an incident
recently here in the US (don't recall the city) in which a nursery
school had various Disney characters painted on a wall. When Disney
found out, they forced the school to paint over the wall (or else...!)
I suspect that they would not look favorably on their Heavily Copyrighted
cartoon characters being released as "public domain" clip art. I also
suspect that Disney has a lot more money than you do.

  Hi ho, hi ho, it's off to court we go...

-ken

-- 
==========     .......     =============================================
Ken McLeod    :.     .:    UUCP: ...{spsd,zardoz,felix}!dhw68k!thecloud
==========   :::.. ..:::   INTERNET: thecloud@dhw68k.cts.com
                ////       =============================================

chuck@melmac.harris-atd.com (Chuck Musciano) (08/30/89)

In article <26076@dhw68k.cts.com> thecloud@dhw68k.cts.com (Ken McLeod) writes:
>  Don't let Disney's lawyers get hold of you! There was an incident
>recently here in the US (don't recall the city) in which a nursery
>school had various Disney characters painted on a wall. When Disney
>found out, they forced the school to paint over the wall (or else...!)
>I suspect that they would not look favorably on their Heavily Copyrighted
>cartoon characters being released as "public domain" clip art. I also
>suspect that Disney has a lot more money than you do.
>
>  Hi ho, hi ho, it's off to court we go...

     This occured in Orlando, where Disney and Universal Studios are engaged
in a PR war.  Disney's studio tour has opened, and the Universal tour will
be ready soon.  When Disney forced the day care center to paint the wall,
Universal sent over artists to paint all the Hanna Barbera characters in
their place, and asked all the local TV crews to come along, too.

     Incidentally, if you are in Orlando (paying my state income taxes with
your tourist dollars) make sure to catch the Disney tour, if only to wander
through the animation building.  I recently got to watch them drawing the
new Roger Rabbit cartoon, "Rollercoaster Rabbit".  Just fascinating.  And,
to bring this back to comp.graphics, they have some Suns and (I think) an
SGI machine running Wavefront.


Chuck Musciano				ARPA  : chuck@trantor.harris-atd.com
Harris Corporation 			Usenet: ...!uunet!x102a!trantor!chuck
PO Box 37, MS 3A/1912			AT&T  : (407) 727-6131
Melbourne, FL 32902			FAX   : (407) 727-{5118,5227,4004}

Gee, Beaver, everything that's fun can get you in trouble.  Haven't you
learned that yet? --Gilbert

jdm@hodge.UUCP (jdm) (08/31/89)

> In article <918@csisles.Bristol.AC.UK> everson@CompSci.Bristol.AC.UK () writes:
>The central 7 machines on our local network here are named after the 7
>dwarves.  To create a label for each of them I drew (in fig) a small
>cartoon of each dwarf based on some pictures I found in some childrens
>books. What is the position regarding copyright on this - can I release
>these pictures as public domain clip-art?  
> 

	Several years ago in the city of Anaheim, CA (the city that Disney
	Land is located in, BTW), there was a hobby store not too far from
	Disneyland that painted a christmas scene on its front display window
	using the 7 Dwarves as "Santa's helpers".  Somebody from Disney got
	an eyeful of that and a lawsuit was instigated even before the poor
	guy was warned to remove the scene from his windows.

	I guess they are pretty hard on the people they can get at because
	they don't seem to be able to do much about the copyright infringements
	overseas.  I once bought a box of GO stones that were made in China 
	and the label bore a panda characture that looked amazingly like
	Mickey Mouse.  Ironically, I bought those stones in Anaheim, CA.


-- 

"I'm an anthropologist, not a computer systems architect, damit!"

jdm@hodge.cts.com [uunet zardoz crash]!hodge!jdm

James D. Murray, Ethnounixologist	TEL: (714) 998-7750 Ext. 129	
Hodge Computer Research Corporation	FAX: (714) 921-8038
1588 North Batavia Street 
Orange, California 92667  USA

buchanan@iris613.gsfc.nasa.gov (Loran B. Buchanan (Buck)) (09/01/89)

In article <918@csisles.Bristol.AC.UK> everson@CompSci.Bristol.AC.UK () writes:
->The central 7 machines on our local network here are named after the 7
->dwarves.  To create a label for each of them I drew (in fig) a small
->cartoon of each dwarf based on some pictures I found in some childrens
->books. What is the position regarding copyright on this - can I release
->these pictures as public domain clip-art?  
-> 

Using the names of the dwarves from the Grimm Fairy tales, and creating
original art work of them is perfectly ok.  What is not ok is to use
artwork that is derived from copyrighted artwork.  If the book(s) you 
based your drawings on were published prior to 1900, no problem.  After
1900 you should look up the relevant copyright law (yes, there are
several).

Another "gotcha" in this whole business is reprints of public domain
works.  The reprint edition is protected by the copyright law in effect
at the time of its publication.  I guess this is why first editions are
so valuable.

Loren (Buck) Buchanan | buck@drax.gsfc.nasa.gov  | #include <std.disclaimer>
CSC, 1100 West St.    | ...ames!dftsrv!drax!buck | The only winners are the
Laurel, MD  20707     | (301) 497-2631 or 9898   | @%#^$ lawyers.

pepke@loligo (Eric Pepke) (09/01/89)

In article <446@dftsrv.gsfc.nasa.gov> buck@drax.gsfc.nasa.gov (Loren (Buck) Buchanan) writes:
>Using the names of the dwarves from the Grimm Fairy tales, and creating
>original art work of them is perfectly ok.  

The names of the dwarves, as well as their personalities and appearance, were
made up by Disney.  Disney's versions of fairy tales have little to do with
the originals (the originals are usually a lot drabber and bloodier). 

Eric Pepke                                     INTERNET: pepke@gw.scri.fsu.edu
Supercomputer Computations Research Institute  MFENET:   pepke@fsu
Florida State University                       SPAN:     scri::pepke
Tallahassee, FL 32306-4052                     BITNET:   pepke@fsu

Disclaimer: My employers seldom even LISTEN to my opinions.
Meta-disclaimer: Any society that needs disclaimers has too many lawyers.

briang@bari.Sun.COM (Brian Gordon) (09/02/89)

In article <26076@dhw68k.cts.com> thecloud@dhw68k.cts.com (Ken McLeod) writes:
>The central 7 machines on our local network here are named after the 7
>dwarves.  To create a label for each of them I drew (in fig) a small
>cartoon of each dwarf based on some pictures I found in some childrens
>books. What is the position regarding copyright on this - can I release
>these pictures as public domain clip-art?  

1) STANDARD DISCLAIMER - I'm not a lawyer, and don't even play one on TV

2) SPECIAL DISCLAIMER - My experience is in the relm of music manuscripts, and
   it is not clear how much carries over.

3) There are two separable issues here, the copyright of the "Disney
   characters" and your rights to the representations you have created.  Your
   drawings are "derived works" -- original work based on someone else's
   original work.  If you were naive, and just "drew the pictures", you have --
   believe it or not -- already violated the Copyright laws, since you made "a
   copy" of something to which Disney owns the "rights to all copies", the
   copyright.  The fact that no money changed hands, you did not make a profit,
   etc., is all irrelevant, since it is not a "copy-for-profit-right", but a
   "copyright".

   If you negotiate with the copyright owner, you may well get permission to do
   certain limited things with their property for a fee.  If the copyright
   owner (or representatives) becomes aware of a violation, they have exactly 
   two choices: prosecute the violation or abandon the copyright.  Most
   copyright owners take reasonable care to "not discover" violations that are
   "trivial".  However, once known, their hands are pretty well tied,
   especially if their "intellectual property" has monetary value to them, as
   it obviously does in Disney's case(s).

   Your best bet would appear to be to not mention it.  You are perfectly free,
   of course, to do completely original drawings of the dwarfs, since the
   Disney claim is to their representations, not the characters themselves
   which have been public domain for a long time.  You may assert your own 
   copyright on those original representations if you wish.

4) USENET DISCLAIMER - my employer doesn't know, and presumably doesn't care,
   about my opinions in these matters.