Legal Question in Intellectual Property in California

Re: re-draw Disney characters - sell on webs - is it legal?

1) If you re-draw a Disney character, (even a grotesque, free-hand version you may likely be infringing one or more protected version of their vast library of copyrighted materials. In addition, you may likely run afoul of their trademarks as well.

Recently in California, an artist who drew a an original charcoal rendering of the "Three Stooges" was found liable for using the Celebrity likenesses without permission in a case called:

Comedy III Productions, Inc. v. Gary Saderup, Inc.

106 Cal.Rptr.2d 126, Cal.,2001. (April 30, 2001.)

In that case, the court reasoned that if one could recognize the likenesses of these three guys, then the artist was profiting from a form of unauthorized use (or infringement of celbrity endorsement rights.) In your case, you too would be intentionally, "copying" the image of Mickey, Donald or Goofy and therefore (in either a copyright or trademark case) you would no doubt be hung out to dry by Disney's cadre of well-equipped intellectual property lawyers.

In short, its not legal and unless you want to end up like the villian on "Who Framed Roger Rabbit" its not a good idea.

2) Any time an artist creates an ORIGINAL drwaing or design, he or she owns it - UNLESS the work was made in the course and scope of regular employment (for the boss) or if the work was specially commissioned by the customer.

In your example, if the customer requested a special drawing (e.g, a snarling, fanged, striped Bengal tiger crouching on his intended prey of a grey-tailed jackalope beside a muddy watering hole") he or she could make an arguable case that the work was for hire and that you were merely the instument of his or her creative instruction.

To be safe, - USE A DISCLAIMER, (e.g, "unless otherwise stated in writing, this work may not be copied or reproduced and that all drawings and artistic reproductions of such intellectual property as created by the ARTIST in any form or medium, are and remain the property and exclusive copyrights of the ARTIST) - AND CONSULT WITH AN ATTORNEY WHO CAN GIVE YOU MORE INSIGHT AND ADVICE REGARDING YOUR SPECIFIC SITUATION.

For more information, come visit us:

www.copyrightpros.com

www.namesavers.net

or call (949) 754-3048.

ANDERSON & SHIPPEY

WE PROTECT IMAGINATION

Re: re-draw Disney characters - sell on webs - is it legal?

First, the Disney Company is well known for vigorously protecting their copyrights and trademarks, so you would almost certainly be sued if you used a Disney image (whether you sold it or not makes no difference, it is the USE that infringes).

As for your own work, it is covered by copyright the moment it is created and the copyright belongs to the author unless there is a written agreement that it is a "work for hire." Registration and notice of copyright are no longer required under American law, but may be required in order to bring a lawsuit against an infringer. The author may sell his copyright, license it, or otherwise transfer to another person or entity.

The sale of a work is not the sale of the copyright, unless that is part of the bargain. This allows you to create as many copies of your originals as you want, and sell them, without losing your copyright.

If you are intending to put images on a web site, however, protection can be complex and may involve rights other than copyright. You should discuss your situation with an attorney specializing in copyright, trademark, and related intellectual property, who is also familiar with Internet law. Please feel free to call me for an appointment if you decide to take that step.