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Jo Tyler
Joined: 13 Aug 2008
Posts: 489
Location: Newcastle
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 Posted: Sun Jul 25, 2010 8:43 pm Post subject: copyright on nursery walls |
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Hi All
Pretty sure I know the answer but what's your opinion on copyright when it comes to something that can't be resold i.e. Winnie the Pooh painted on a nursery wall for a client?
Thanks
Jo. |
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Steve Gray
Joined: 17 Aug 2008
Posts: 1569
Location: Geelong
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| Posted: Sun Jul 25, 2010 10:04 pm Post subject: Re - copyright on nursery walls |
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| Is there copyright on winnie the pooh? so who should have the "rights"? |
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colourman
Joined: 27 Jan 2009
Posts: 15
Location: Melbourne
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| Posted: Mon Jul 26, 2010 10:53 am Post subject: Re - copyright on nursery walls |
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if it's a commercial nursery and they charge a fee for service and you illegally used copyrighted material you are in the pooh. If' it's your own or maybe a community nursery then u might want to see if the copyright owner has an "Angel" program. The copyright laws were dramaticlly changed in Australia this year and as yet on this web site I have not come across any articles on this on this site and would have thought the administrator would have organised something!!!!
Once upon a time we used to say 7 points of difference was it, now it has to be demonstrably different and the fines and penalties have gone up dramaticlly and part of these changes were the trailing royalties for ALL AUSTRALIAN ARTISTS and no article come Australias leading...... |
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gggraph
Joined: 25 Jan 2007
Posts: 2063
Location: In front of the Computer.
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| Posted: Mon Jul 26, 2010 2:01 pm Post subject: Re: Re - copyright on nursery walls |
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| colourman wrote: | | The copyright laws were dramaticlly changed in Australia this year and as yet on this web site I have not come across any articles on this on this site and would have thought the administrator would have organised something!!!!. |
There have been a number of posts and threads about copyright issues. Not enough, so far, to devote a specific forum to it.
Winnie the Pooh is very much still in copyright with Disney owning the rights to the versions relating to their movies. It's not clear who currently owns the rights to the EH Shepard version outside the USA.
Painting the Pooh character on a private nursery wall is a technical breach of copyright, but the chances of being busted for it are only slightly more than zero as the client is unlikely to complain and Disney are unlikely to find out about it. ( and Disney will suffer no financial loss). If you tried to make a living out of painting Disney characters on nursery walls it might be differerent story, but as it stands, they'd have to prosecute half the parents in Australia (and nearly all the kids) for creating unlicensed reproductions.
Cheers
Grant
Note: I am NOT a lawyer. |
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Jo Tyler
Joined: 13 Aug 2008
Posts: 489
Location: Newcastle
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| Posted: Mon Jul 26, 2010 10:09 pm Post subject: Re - copyright on nursery walls |
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Thanks Guys
I'm with Grant on this, I knew it would be illegal but figured I wouldn't be doing any real harm if a client wanted a known character on their nursery walls, it's just a private nursery in someones home. I'm selling the work  , but it's not like they can resell it.
Thanks Jo. |
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Dug
Joined: 04 Jul 2005
Posts: 4837
Location: Gippsland
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| Posted: Tue Jul 27, 2010 7:22 pm Post subject: Re - copyright on nursery walls |
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I would tend to take artistic license with the painting I far prefer the original illustrations to the disney mass produced art anyway 
http://sianlouise.files.wordpress.com/2008/12/pooh_shepard_1926.png?w=255&h=247
There was a case I recall of a major US corporation I think it was disney objecting to a child care center using their images a few years back. |
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Chrissy D
Joined: 12 Jan 2006
Posts: 1053
Location: Queensland
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| Posted: Thu Aug 05, 2010 10:23 pm Post subject: Re - copyright on nursery walls |
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Agree with above. The image is a licensed product and under copyright. However for your purpose I see no moral or ethical harm. Just don't advertise yourself as a 'character mural painter'
There are worse things people are 'ripping off' and getting away with.
Doesn't hurt to do some copyright investigation anyway |
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