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Plan,This certainly seems to be the way things are treated. Go to any comic convention and folks are doing sketches of characters owned by Marvel and DC, and some have even gone so far as to do cover re-creations. That said, I'd GUESS that under the law, Marvel or DC or any rights holder could technically swoop down and stop people from making money using their property. The way it's typically treated (meaning, no one seems to care) would make one think it falls under fair use... but under the law I'll bet once it's on paper, and you've sold it to someone else, you've TECHNICALLY crossed the line. Or maybe it's like a cover band and a live performance. Though, unlike a drawing, a live performance is temporary... a drawing is not. Not that it really matters, as whether it's technically legal or not - no one is going to go after Jay or any other artist, for selling drawings of whatever they like. Still, I'd be curious to know how the law defines these things.
I think the legality of drawing Wacky characters is like any other re-creation. As long as you're selling the original drawing it's legal. As soon as you reprint it, copyright law steps in. I could legally repaint Ajerx 100 times and sell them as long as I don't publish them.
That is not right. It's technically illegal to draw and sell any of them if the copyright holder doesn't allow it. There was a daycare center somewhere that had painted Disney characters on it's walls and Disney put the hammer to them. They weren't even selling a piece of art and there is no way to actually establish a value to the murals or images as they relate to any possible benefit in terms of profit by the center having them on their walls. Kinko's won't even let me make photo copies of the work I do for Topps unless I do it on a self-serve machine as they consider it copyright violation (yeah, they are idiots). I know fine artists have used copyrighted images or characters. The Campbell's Soup can by Warhol is the obvious first one to come to mind. That is the blurry example of not just recreating the actual image but transcending it and creating an all new work of art from it. I would guess that Campbell's could have sued but the benefits of the fame of the pieces probably were greater than not allowing it. Artist's do seem to have some leeway with taking (some) copyrighted materials and making statements on them or altering them beyond the original intent or visual. Parody is one of them.
I don't know what the legality of repainting something is. I've heard rumor that it's legal to sell a replica if it's completely made my the artists hand. The issue of Disney busting those kids heads open because of the mural may not have been a case of infringement, but it just goes to show you better not fuck with Disney. An artist needs to consider the aggressive nature of the copyright owner before messing with them. That's simple street smarts. Size up your opponent before picking a fight. The Disney Company now looks like a greedy rabid dog so nobody will fuck with them anymore. Here's a guy who appears to be flirting with career suicide. He's most famous for the pregnant Britney Spears statue. http://www.caplakesting.com/danedwards/index.htm
You can't replicate a copyrighted or trademarked image and sell it. The copyright owner generally has the exclusive right to reproduce, display publicly or sell the image.But that sculptor can probably argue that his work "transcends" and is art unto itself. Also, if he's sued it may bring even more attention to his work which those public figures might not appreciate. Well, Britney might.
I've seen you use trademarked/copyrighted characters in your comics from time to time. How does that work? Do you have to get permission, or is it considered parody? By the way, that Gumby one from your daily calendar the other day was pretty funny
I preordered 4 boxes and later bought 2 more. 6 boxes total. Pulled Hungry Jerk, Gadzooka Teacher, Kook Penguin and Demented Tomatoe. All black & whites. 2 boxes are unopened.Whats our total now?
They are supposed to be parodies but I'd rather not test the legality of it as parodies can be tough to define. But I would never use that Gumby parody, or any similar ones, on shirts, mugs or greeting cards. I always feel safer if I parody a character and I know the cartoonist.
I bought one box. Made one set and left enough sealed packs to cover one layer in my display box.
Nothing wrong with that...What did you think of the "Old School" series itself? Just curious
love the classic feel (white backs, no numbers). fruit stripped is probably my favorite. best part is the display box!
Same here, I think the (Box) is quite awesome also!
I got 8 boxes. Only opened 3.
You still have 5 unoponed boxes? Man, that is some willpower. Let me know if you are interested in letting any of them go!
I agree! It's especially tough after you've experienced the thrill of peeking into the red envelope and moving the promo aside, and glimpsing color on the sketch card!!!
1466 + 8 Buzzoka's boxes = 1474 is our new forum members total boxes bought
Jeff I never chimmed in on this, I purchased 6 so your tally should total 1480.
I preordered 4 boxs and have managed to keep one closed thus far!
Incredible avitar!!! "Eddie" ROCKS!!!
I purchased 23 OLDS boxes altogether and 20 are unopened
Dude! WTF?
