Discussion:
I have designed a logo for my personal use, which contains a copyrighted cartoon image, and a copyrighted brand emblem. (Example: Bugs Bunny with a Chevrolet emblem.)
I feel my design may be desirable and marketable,(i.e. T-shirts, caps, license plates, etc.) and wish to retain my own rights, with permissions from the character/brand-emblem copyright holders.
I'm not a graphic designer by trade, and have no idea what protecting my design idea would entail.
I'd appreciate any advice. Thanks, in advance.
--Cheryl
Answer:
Couple of problems with your idea. You cannot combine 2 copyrighted images and call it yours. As a copyright owner, using GM and Warner Brothers like you did, they own the exclusive rights to all versions of the image. To use their images would require permission from the copyright owners and they would have to give the okay for you to use the images. Also, the two companies involved would also have the right to say whether their image could be used with another company's image. If one company did not want their image used with the other, they can so no, you can't use our image. And being that GM is already paying Warner Brothers a large amount of money to use Bugs Bunny and company as a promotional tool, one or both would want a fairly substantial licensing fee and a part of each sale if you did get an okay to proceed with your idea. This would all come after going through the gauntlet of each companies legal department too.
Answer:
I understand that the respective copyright holders would both have to agree to the combination of their images. I also realize that those existing images are not 'mine', but the idea to combine the two in such a fashion is.
Is there no way to market such an idea to the copyright holders, or to a manufacturer of licensed products? One of the images in question (not actually Bugs Bunny,) is hugely marketed in a vast array of products already.
Next question, then: if I choose to reproduce this image, strictly for my own personal displays, am I in danger of a copyright infringement suit? And what if others ask for a copy, and I give it to them free of charge?
Answer:
Derivative copyright is a work that stems from a previous work. You own the copyright to the parts of the image not copyrighted by others. Hence, say you have a stick figure and it is copyrighted. If you add a hat and cane to the stick figure, you own the copyright to the hat and stick figure but you must gain permission in the form of an in gratis license or paid license from the copyright holder of the stick figure before you sell yours. Otherwise, you have one big lawsuit on your hands.
____________________________________________________I am a law school graduate AND entertainment contract negotiator. What I offer is mere information, not to be construed as forming an attorney client relationship.
Answer:
But what about the question of giving copies of it away? If there is no intention to profit from the work or display it publicly, is that okay?