Discussion:
I am in the process of starting my own business. I am a crochet designer for dolls .I plan to make patterns ,and have them copyrighted .I have no idea on what dolls I am allowed to use.I dont want to break any laws . I heard I can use craft dolls and any doll without a trademark? I havent got a clue would someone please help me,I am tired of searching for answers that are not there? THANK YOU
Answer:
I am not an attorney, and an attorney is better qualified to
advise you on this matter. Copyrights, trademarks, and trade
names are member IAAL's area of expertise.
I believe you are right, you can copyright and sell your patterns,
for dolls which (1) are not copyrighted, and (2) have no trade
name and/or trade mark. But to go even further, you can
copyright and sell your patterns for copyrighted dolls with/without
a trademark/name, provided your advertisements/labels/etc do
not refer to their trademark or trade name.
For example, I don't think you are doing anything illegal
if you sold doll patterns/clothing at a flea market, and you
had a sign that said:
"Please ask ..... I have patterns/clothes for several dolls
with trademarks."
But, you would be required to disclose you are not affiliated/
associated with the companies who have copyrights and/or
trademarks for the dolls. As a matter of precaution, each
buying customer should sign a statement to that effect.
I could be wrong about what I just said, because of the
right to derivatives to a copyright, but I can't imagine the
courts would consider an article of clothing as being a doll,
plus the fact your patterns/clothes could possibly fit other
dolls, which may or may not be copyrighted. The following
is the definition of derivative work" from "Copyright
Law of the United Stated of America":
A "derivative work" is a work based upon one or more preexisting
works, such as a translation, musical arrangement,
dramatization, fictionalization, motion picture version, sound
recording, art reproduction, abridgment, condensation, or any
other form in which a work may be recast, transformed, or
adapted. A work consisting of editorial revisions, annotations,
elaborations, or other modifications, which, as a whole, represent
an original work of authorship, is a "derivative work".
[COLOR=red]
Are there sizes for craft dolls like there are sizes for humans?
[/COLOR]
(Let us know.) If yes, then the matter of "derivative work"
should not even come into play, unless a copyrighted doll is a
size/shape unique unto itself; e.g., four arms.
Citizen Brown
Disclaimer: This response is not from an attorney, and
anything/everything in this repsonse may be erroneous.