Copyright ? - Graphics similar to characters

[Marcelle]

I am seeing more & more graphics for sale for embroidery digitizing that is intended to be similar to children's movie characters. Would that not be a violation to offer these characters as digitized embroidery designs without the approval of the original character creator?

[signman]

Having been involved in a 'copyright infringement' lawsuit years back...here's the word...if it 'looks like a spongebob', talks like a 'spongebob' then by gosh, no matter HOW much it is changed-the COURTS will consider it a spongebob! There is NO SUCH RULE AS '10 percent' or '20 percent' change to make it 'legal'...anything that has a RESEMBLENCE to the original copyrighted image IS considered copyright infringement.
Dakota, Sal Lucchese, and other 'well known' digitizing suppliers know the rules so you can trust in what you buy from them-but in past catalogs Dakota DID have designs you could buy and use BUT NOT SELL...you could only use them for personal use. It was 'collections' of some well known artist I think. So READ THE FINE PRINT.
This not only applies to cartoon characters but ALL of your National Sport groups-baseball, football, hockey, college...etc. they ALL have copyrighted their particular designs and YOU CANNOT USE THEM for high school or little league teams or anything. Just have to learn to tell your customer NO to that stuff!

[Marcelle]

Thanks for your information. That is pretty much what I thought anyway. I have been quite surprised to see all these character graphics cropping up for sale on sites that sell to digitizers. It is almost like they don't know they are copyright infringements. Interesting!

[Barbara Bunker]

I'm wondering if the graphics sites are USA-based or not. There was a big deal years ago about a Russian site that was giving away Disney knockoffs.

Barb in beautifully green Broomfield, CO

[Marcelle]

Good question. I am not sure. After Signman's information I emailed the site CSC and asked if the designer had the required permissions and would be giving permission to the buyer/digitizer for use of the designs and that I did not want to get into a copyright infringement issue. I first got an email that my question would be forwarded to the artist. Then about 15 minutes later I received another email that the set had been pulled until the issue could be researched. It also mentioned there was a 30% change requirement for similar artwork. The 30% would not agree with Signman's post.

I liked the artwork and would be happy to be able to digitize it but I could not see any way that it would not be an infringement. I won't be doing any of that type designs. Signman sounds like has 'been there/done that' and it might not have been so pleasant. Just not worth it.

[signman]

It 'used to be' that you could change an element of a design 10 or 20%...but that was thrown out of court (federal) years ago...now if there is ANY portion of ANY copyrighted artwork used in ANY new artwork-then it is considered copyright violation. Even the 'swoosh' under Coca-cola is copyrighted.
Only way around the law is to 'parody' something for artistic use...but again, you have to be careful how you parody it-using a knock off of Coke design for example to hide a can of beer is NOT parody...
sounds like your response from that website means they KNEW they were wrong and pulled the artwork immediately-and 'hope' (mistakenly) that they can change it 30% and get away with it. Nope...won't fly with the legal beagles. It's all spelled out on a government website with the copyright laws in 'almost' plain english and doesn't matter what country they originate from...so don't fall for any excuses. If someone gets sued for using a Mickey Mouse knockoff...guess what-it comes back to YOU that embroidered or screen printed it! Ignorance is no excuse to those guys and the courts back them up. Knock-off shirts at concerts for example-sold by the street vendors-the local cops, upon complaint by the rock band-can SEIZE the entire contents of that vendor and haul it away!