This reminds me of a scene in either the simpsons, or futureama. There was a parody of some famous character, and there was a line which referenced them being artisitcally and legally distinct.
Moral of the story: Know the law, try to stay within it, and I have seen some great copyright info on photography forums.
Also, look into the case of cambelles vs Warhol. Talk about potential copyright/brand/trademark infringement. Also it is one of the landmark court cases in this matter.
Do your own research and talk to a lawyer to fill in the gaps in your understanding of the law. I would expect a report on the pertinent statuetes and case history.
If you are using the image as reference, not as a texture or embedded in the blend file, it should be fine unless the actual character is trademarked like the ‘Hello Kitty’ character. For example, I am allowed to paint a copy of the Mona Lisa, but not allowed to pass it off as the real deal. I can loosely base a character on Mickey Mouse, in so much as it is a personified rat, but I cannot call it Mickey Mouse and sell it. Parody is also allowed. That said, I believe it is common practice in the US to watch and allow people die on the street as any assistance will likely be litigated.
I have friends who produce a popular fishing show on a national outdoor sports channel which will remain nameless.
The suit names both my friends (producers of the show) and the network that airs it. This show airs nationally and has been one of the top-rated fishing shows in the country for several years.
They are currently being sued for copyright infringement by the producer of a late 70’s/ early 80’s fishing show produced and aired only in N. Tx/OK. area. (We are in S.W. Ohio, the corp. HQ for the network is in SoCal.)
The so-called copyright infringement consists of two aspects of their show:
Putting video cameras in the boats with the fisherman.
Putting microphones directly on the fisherman.
Sounds ludicrous, right?
Here’s what I’ve learned:
Depending on which state the suit is filed in, it could be tossed out immediately (initially happened when suit was filed n Cali.), or maybe not (Texas allowed it to proceed… which, they were told by the attny’s, was likely the only state in the country that would have done so!)
Now that the lawsuit is proceeding in TX, the network is suing them (the production company) for their legal fees.
As the cost of defending themselves against what is now two lawsuits has grown rather expensive, the insurance company from whom they purchased legal insurance (yea… there is such a thing, for… just such a thing ) has notified them that they are dropping their coverage. So, now, my friends have to sue the insurance company for breach of contract in hopes of continuing to fight the suit.
End result… despite having one of the most successful fishing shows on national TV for the last 5 years, being prudent enough to purchase and maintain legal insurance, and likely winning the lawsuit!!!, the show will be likely be cancelled, and due to the on-going litigation with the network, airing of their other shows in production is unlikely, and they will be going out of business.
Copyright law sucks and it’s best to stay as far away from any [i]possible claims of infringement. Be sure you LLC up before you do anything, and legal insurance is just part of the price of doing business. Forming an LLC will keep you from losing your personal assets in case you DO get sued. Without the protection of the LLC, my friends would be losing not only their jobs, but their homes and cars as well.
While it isn’t illegal to not render assistance if you do you are protected from liability from your actions if they die or something – within reason, kicking someone in the chest to start their heart probably would raise a few eyebrows and maybe a trip to court.
Sure they can sue you but you can be sued for virtually any action/inaction you do.
People do not get sued for rendering assistance if someone is sick or dying on the street anywhere in the US.
I have lived in various parts of the world, including the US, and have heard these dumb pieces of propaganda spewed everywhere. Like some Americans thinking socialized medicine in Europe means government deathlists with a live/die tickbox in front of people’s name.
In most US states you are even protected from arrest and lawsuits if you use force against an assailant or home intruder with good cause, while in some other (supposedly civilized) countries this could get you thrown in jail for assault or murder.
But I do agree with the others that copyright, IP and patent law is getting out of hand in most of the world, as evidenced by Ran13’s insane story.
) has notified them that they are dropping their coverage. So, now, my friends have to sue the insurance company for breach of contract in hopes of continuing to fight the suit.