Copyright concerns

[YPF]

Whilst I have been framing intermittantly for nearly 10 years I have only recently taken the decision to set-up a framing business with the aim of that business being my main income. As a result I spend time dreaming of things to frame that may lead to an impromtu sale, we have available to us the ability to embroider a range of Disney characters.

If we frame and sell these for a profit on both the frame and embroidery then I suspect we would be infringing copyright, if, however, we donate the embroidery within the frame would we still be infringing copyright? I still ask the question after reading a couple of other copyright threads.

Morally I know it probably shouldn't be done but I welcome your thoughts.

Steve

[Roboframer]

If you've bought a Disney X stitch kit or chart then there's no problem.

If however you've scanned something and made your own X stitch chart from it then I'd say that's a no-no.

Not sure about the donation bit - why would the customer be buying? For the image, and I suspect the copyright-enforcement-type people have that one covered.

[YPF]

Thanks for the prompt response. We have bought (from a reputable source) memory card with Disney images to use with an embroidery machine, I could try to find the paperwork that came with it to see if there is a "not for profit or commercial use" type statement associated with its use.

Steve

[Roboframer]

That's your best bet, Disney are pretty hot on licensing/copyright. If there's no such statement then see if the supplier will OK reproduction for re-sale, in writing.

[framejunkie]

If there's no such statement

Very unlikely IMHO. Disney are notorious, and I'd be amazed if a legit product didn't carry such caveats.



Disney is one of the Great Satans, anyway. My advice would be to avoid having any business contact with them, however tangential.


signed,
A Wearer of Facial Hair*







* Uncle Walt was such a freedom loving all-american hero that he stipulated that his male employees had to be clean shaven. I'm assuming that went for the girls too, but history does not record such details

[IslandViewJake]

In the case of anything which involves copyright, I'd be very careful. Copyright these days is very jealously protected. Artists, illustrators and authors, etc. have become extremely paranoid as the ability to replicate in this digital age has become so easy. As a photographer, I guard my copyright rigidly, as it's my living, and I'd pursue anyone who breached it ruthlessly and vigorously. I think the best maxim here is, 'If it sounds too good to be true, it no doubt is', and being able to make money from someone else's work falls neatly into that category. If you don't own the rights to the work (i.e. by either purchasing them or obtaining written permission from the copyright holder), then I would suggest, don't even think of trying to gain from it, or assisting anyone else to do so. That's the only way to avoid possible litigation. Don't forget, copyright infringement in the UK is, in most circumstances, a criminal offence. There have been cases where copy shops in breach of the law have had to pay thousands of pounds for copying one wedding photograph for the bride/groom after they'd paid the photographer. (They didn't commission him, and most don't), they paid him for a one off service on the day
It's far easier to contact the author and seek permission for use of the work, either for free if you're lucky, or for a small percentage per each use. Otherwise, the courts will give you a very rough time.
Sorry to post an opinion that we may not want to hear, but it's better to be safe than sorry. Just don't shoot the messenger!

Jake.

[YPF]

I think it's better to be safe than sorry on this occasion.

Will God sue me for copyright if I mount and frame a leaf from a maple tree?

Steve

[RobinC]

Three or four years ago, pictures of Al Pacino in Scarface were very popular. We went to the Spring Fair at the NEC on the Sunday Morning and at opening time there were a lot of stands with pictures of Scarface displayed. A few hours later they had all been removed. Apparantly a solicitor had been employed by the copyright owners (either Paramount or Universal) to go round the fair threatening legal action on anyone displaying and selling unauthorised copies.

Personally, I think that the people who ignore the copyright laws a threat to our industry. Athena and Black and White publishing went bust when thousands of pirate posters appeared on street markets and stalls across the country in the 1990's. Now the internet makes selling illegal copies even easier it is even more important for legitimate businesses in our sector to toe the copyright line and report any breach of copyright.

Breaking copyright is theft.

Robinc

[IslandViewJake]

"Will God sue me for copyright if I mount and frame a leaf from a maple tree?"

Hell, no, he works in far more mysterious ways than that, doesn't he?

Jake

[framejunkie]

I heard that Monsanto owns the rights to the Maple, along with most cereal crop species and, strangely, dung beetles. Apparently god failed to register in time. Perhaps he couldn't afford a good lawyer expert in intellectual property law

[silvercleave]

Hi Steve

Part of this was covered in here:

http://theframersforum.com/viewtopic.php?f=6&t=3089

Hope you find it useful

Ian