Copyright violation question- where does it begin?

mahamageehad

Hi all!

I have read the charter and I'm not looking for advice. I'm more looking for a general discussion so I get a better understanding of an issue I've been thinking about lately!

The issue is copyright, more specifically where does copyright violation begin? In my limited knowledge I know that copyright is an absolute minefield and the scenario I'm thinking of already seems like a very grey area. I'm just trying to gauge from the experienced and knowledgable opinions here if it's the safer side of grey or the dodgier side.

Basically I have two scenarios in mind, each slightly different. For both scenarios I will use the same hypothetically bag which I hypothetically created. The bag is a shopping bag, like the canvas ones with the ladybirds that you can get in Tesco. The bag is hand painted with fabric paints. A quick Google will give you a few hundred examples!

In scenario 1 I want to deal with trademarked characters as I think this is probably more clear cut. If you Google "painted jute totes" you will quickly find ones with copyrighted images like Hello Kitty or Minnie mouse. Now it's not a copyright violation for me to paint Hello Kitty on a bag. I mean there's nothing stopping me framing a picture of Hello Kitty that I made on my wall right? Now however if I was to sell that Hello Kitty bag it that a copyright violation as I'm using the likeness? I'd imagine it is!? If so why are other people doing it and getting away with it as I doubt they've all asked Hello Kitty for permission to use the image. I've always wondered that with these cheap phone covers and stuff you can get from China, how it that kind of thing allowed? Is there a difference in how this would be viewed as a one of painted bag as opposed to something mass produced or is the line simply "you're making money from our image". At that stage would you have to contact the company to ask/pay for permission i.e. for a super mario bag have to get permission from Nintendo, or does artistic license ever play a part?

The second scenario is more complex. This is where an image is heavily derivative on the work of another. Lets say we're talking about bags with a name and character on them. Due to a celebrity uptake these have become quite popular recently. I'm assuming, again based on my limited understanding of copyright law, that you can't copyright the idea of painting a character and a name on a bag. So if I was to design a bag that used the same elements- name and a character carrying two items- is there any risk of copyright violation? In this scenario, while one product is heavily inspired by the other, designs are completely original. However the style is very similar to the original without ever copying the original. Does the design have to be very obviously different in order to be safe? And one final point on that- just say the original idea, lets call it Bag A, was designed in England or the States and the new bag, Bag B, was created in Ireland. If there is a potential copyright conflict, which copyright laws take precedence? Is it the country where the original is from, the country where the derivative work is created or the country where the disputed item is being sold? Or is there some kind of international set of copyright standards?

Any and all views welcome, i have started doing some research on this but it's a very big area so I appreciate any help you guys can give me in getting to understand it a little better!

Thanks!

mahamageehad

hmmm... tumbleweed!

Ok taking a different tact, does anyone here have any idea where I could get this type of information? Most stuff I see online seems to be for the US. Maybe a law student forum or something?

LowKeyReturn

Google passing off. Also Google Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd for the craic. My favourite case!

hullaballoo

Also do some research into the concept of originality.


Please bear in mind that the real risk is not whether you're legally correct but whether you can afford to defend your position, should you get sued.

saltyjack silverblade

Scenario 1 is actually a trademark violation and nothing really to do with copyright.
If in scenario 2 the image of the character was protected in its own right then you are committing a trademark violation. You cannot copyright the medium of expression.
If you want more detail on copyright and the artist then you should look at moral rights. But in both scenarios you are actually talking about trademarks.

mahamageehad

Ah ha! Thanks for the links guys. Turns out I have way more to learn than I even thought! I'll start reading those suggested links tomorrow!

Cavehill Red

Rihanna's current lawsuit against Top Girl might be of interest to you also.