Discussion:
Location: Tennessee
Background: I am thinking about designing and selling
t-shirts nationally, where the designs involve the use of
cartoon graphics. Presently, I am not in this business.
Question: If I design or hire someone to design a cartoon
of a flying elephant, am I infringing on another person's
copyright? Where, I know the idea of a flying elephant is
not new because I have seen cartoons of a flying elephant;
thus, I am not the originator of the idea or concept of a
flying elephant.
Comment: A flying elephant is just an example, but knowing
the answer will allow me to know when to (1) design my
own cartoon graphics, or (2) pay for the use of existing
copyrighted cartoon graphics, and/or (3) pay the copyright
owner to design a cartoon graphics to my liking.
If possible, please refer me to one or more court decisions
upon which your answered is based.
Answer:
In reply to a question posted on this web site by member
SUSIEQ, dated 09/05/2001, senior member I AM ALWAYS LIABLE
provided a two part discussion of copyrights in general. The
following is a quote from his discussion:
"No protection for ideas
In no case does copyright protection extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied. [17 USC §102(b)] Copyright protection extends only to the expression of an idea or theme, not to the idea or theme itself. [Midas Productions, Inc. v Baer (1977, CD Cal) 437 F Supp 1388; see also Allen v. Academic Games League of Am. (1996, CA9 Cal) 89 F.3d 614]] "
Will someone please explain the statement "Copyright protection extends only to the expression of an idea or theme, **************" from
the above quote?
Does the above mean I can design a flying elephant, genetically
or mechanically, so as to actually implement the idea of a flying
elephant, but at the same time, I cannot draw a design of a
flying elephant for commercial use on a t-shirt?
Thanks