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Ask The Disney Experts Discuss Copy Right? in the Ask The Experts forums; I do a lot of drawing of cartoons & other stuff...Do I have rights to my own drawings? How does that work?...
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    luv2draw is offline A-Ticket holder
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    Copy Right?

    I do a lot of drawing of cartoons & other stuff...Do I have rights to my own drawings? How does that work?

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    echoscot's Avatar
    echoscot is offline D-Ticket Holder
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    Copyright is a set of laws depending on where you live, they vary. If you are in the US, there is a website you can access that has all the information. You have to pay a fee to have the legal documentation of the copyright done.

    If you don't have the legal copyright processed, and someone else copies your characters or ideas, you will have to prove in court how you initially came up with them and why they are your property and not the other persons. With the legal copyright code, it is a simpler matter.

    If you can prove in court that you are the creator and owner of some idea or concept then the court will treat it as yours, regardless of whether you have filed for an official copyright. Now if you let that pass for a period of time, your work can become "public domain" which means anybody can take your stuff and do what they like with it.

    You need to do a Google search and read up on Copyright. If you don't understand it, get a friend with strong legal background to help you understand it.

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    luv2draw is offline A-Ticket holder
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    Well I live in Canada & I share what I draw...I draw it in flash first so it is vector & then I make a jpeg to share for kids & friends to color & play with in psp... I make flash dress up games of cartoon characters but I draw every thing in flash because it make it a smaller file if you draw it in the program rather than use a picture in the program...What I thought it was is my fan art...But some one had said I could get in trouble for drawing disney cartoons & other cartoons...It was on kidzonline & I think it was a disney artist but it might not of been but it was a name brand cartoon artist & they were talking about animation & how the first step was being able to copying other people work because a cartoon artist had to be able to copy others to work with animation & then to be able to put your own ideas to it & make it your own...This is where i am confused...Because it was a famious cartoon tv artist but i can remember witch one & this is what he was saying but then I have people posting that I am infringing disney copy right when i drew it...I see tons of fan art on the net are they all infringing copy right? It is so confusing...It sort of takes the fun out of drawing & creating stuff...

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    echoscot's Avatar
    echoscot is offline D-Ticket Holder
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    Well, if you are drawing pictures of other characters, you could get in trouble. Disney characters are protected as intellectual property, as well as Warner Bros. (Ie Animaniacs, Looney Tunes), Universal (Woody Woodpecker, et al), the Simpsons, Hannah Barbera, things like that are protected.

    If you are caught, ususally first they send you what is known as a "Cease and desist" letter that threatens further legal action if it continues.

    It does not matter that the stories or platforms are original to you, the characters themselves are protected.

    Now there are some that fall into "public domain" which you are free to use. You would have to do a search to be sure, but characters like Betty Boop and some others have lost their Copyright.

    I hope that explains it better for you.

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    MiraNova23's Avatar
    MiraNova23 is offline C-Ticket Holder
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    It also depends what you are doing with it. From your description, it does indeed sound like innocent fan-art.

    This website is perfect for comprehensive copyright law: Copyright Website
    The best part is the Fair Use Visualizer.
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    (If I'm here, then I'm probably supposed to be animating instead.)

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    luv2draw is offline A-Ticket holder
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    It was the kidzonlinesite in the 2d animation section where i watched the videos...There was a interview with Mike Young Productions & also in the 2d learning videos...
    Thanks for the links...How do i use the Fair Use Visualizer?

    One of the things I drew was in flash & animated it with glitter was Jessica Rabbit...I think she is disney...

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    MiraNova23's Avatar
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    Oh geeze do you mean this? http://i171.photobucket.com/albums/u...f6ir5ucc49.gif I found it on myspace & now I have it as a desktop item...

    Anyway, the Fair Use Visualizer lets you input what percentage the work-in-question qualifies under each category. It's just answering some questions about it, & then it will show you how much it infringes on the copyright, if at all.
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    luv2draw is offline A-Ticket holder
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    Nope mine is made in flash...I love drawing in flash...
    Last edited by luv2draw; 12-01-2007 at 10:56 PM.

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    echoscot's Avatar
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    There is a thing called "intellectual property rights" though that goes beyond the simple copyright legislation. If you might recall, several day cares in south Florida had done murals on their walls that included Disney characters. The corporate lawyers found out and they had to remove them.

    Here is where the trick lies in doing so...If you are distributing these images to be colored by children, Disney can view it as detrimental to their market value. You don't know what impact that has. Use Jessica Rabbit as an example, if Disney wants to contract out to do internet activities for a fee with Jessica Rabbit and you are distributing free activities with that character to your friends, then they can find you have hampered the "fair market value" of the copyrighted material. And an even trickier factor is that Disney in combination with Spielberg own the rights to the Roger Rabbit franchise. You could be dealing with both entities. If you are making icons for your personal computer and use that is fan art, but even then can be determined to be in violation. If you are distributing these then both Disney and Spielberg could very easily have you found in violation of these rights.

    I am no lawyer, and you really need advice from an attorney who is licensed in Copyright law to know best. We can only give you ideas, the web site that is linked is good, but just be careful. These are confusing and dangerous grounds you are walking on, and since the Internet's arrival on the scene the sands have been shifting constantly.

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    MiraNova23's Avatar
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    *yields* All very true, echoscot. Though beyond possibly having to take stuff down from sites, I doubt there's any real trouble luv2draw is gonna get in.

    The only background I have on the subject is doing 3 reports on the matter, & if you count the day to day dealings around AIPH here.
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  11. #11
    echoscot's Avatar
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    I don't want to hamper creativity, but just be wary of how complex the system is, and Disney, as well as other businesses, aggressively protect their stuff. Also, miranova, you are correct that they usually just ask you to remove it. They send what is known as a "Cease and Desist" letter, I have friends who have gotten them. Not fun, but just simply means stop. Then you don't have to worry any further.

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