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Majake314 Loyal user Australia 245 Posts |
I have noticed that a lot of people who post balloon tutorials on YouTube use different names than what the creation obviously is.
For example: Spider man is Spider Guy or Spidey So I assumed you are not allowed to use the actual names of the copyrighted "thing" I am not even sure if I am allowed to talk about this, but what would be some near names that aren't copyrighted for the following balloons. I have put in brackets what I currently have Incredible Hulk (is hulk on its own ok?) Spidey man (Spidey man?) lightning McQueen (car...) cookie monster (cookie muncher) elmo (red monster?) yoda (alien) tweetie bird (sweetie bird) goofy (dog...) I have a balloon menu with a picture of the creation then the writing on top, so the picture is the main thing people look at. Does anybody have any better ideas than what I had? Can someeone explain in more detail (or direct me to) more information about what you can and cant do with the copyright Thanks guys Jake |
TKD27 Elite user Wallingford, CT 458 Posts |
I would imagine you'll be okay as long as no Disney lawyers end up standing in your line line. FWIW, both "Hulk" and "Spidey" are trademarks of Marvel Comics (Disney owned). Hulk Hogan has always had to pay a royalty to Marvel for using that name. It's part of the reason he became known as "Hollywood Hogan" in the late 90s when he worked for the then-Turner owned WCW.
One more thing: comic conventions are full of artists doing commissioned art of famous comic book characters. Sometimes it's just a famous artist doing an original Spodey pose or something... sometimes it's something kinky, like Spidey and Mary Jane in the bedroom. As far as I know both marvel and DC have turned a blind eye to the practice. I don't think Disney's culture has seeped in to that area of the comic culture yet
Connecticut Kids' Magician, Matt Matthews (formerly known as Matt The Balloon Man)
Magic Shows, Face Paintingand, Balloon twisters. |
Wes Holly Special user Cincinnati, OH, USA 644 Posts |
I've seen various opinions/statements on this issue across multiple forums over the years ...
>Do it until you get told not to - the first step a company will take is not a lawsuit, but to send you a strongly worded cease & desist order. Up to you how to react to it. >The term fair use applies (of course, this references the USA guidelines, as you are in Australia then you'll need your own research). >No matter what you call it, if you are creating a recognizable shape of a copyrighted image, then you are making money off of someone else's idea and that is stealing. >You are creating a parody and as such are protected by free speech. There are more but I thinks that's a good sample of opinions. In reality, we generally operate below the radar. Companies usually search out those who are manufacturing unlicensed materials in an attempt to defraud the consumer. If I were to contract a plastics company to create 1000 Donald Duck statues and sell/advertise them as Donald Duck, then I would be in violation of the law, as I don't own the copyright or have permission to do that. That being said, a company will speak out if they see their images being used. This is why the YouTube videos and others rarely put the proper name of the creation in the title. Personal experience. I was twisting at an event where there happened to be a Warner Brothers executive in attendance. I LOVE doing Looney Tunes characters and this person attempted to confront me about doing so. Luckily, the host of the event interceded and diffused the situation. The exec asked for a Roadrunner and told her friends that it was the best Roadrunner she had ever seen! To sum it up ... don't worry about it. Twisting balloon shapes of copyrighted images won't land you in jail. |
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