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Copyright of doll vs Copyright of photos of dolls?

Jun 15, 2006


    1. This is a common myth circulated, but it is untrue. If a work is recognizable as the original, or even recognizable as being derived from the original, it can still be considered copyright or trademark violation depending on the circumstances. There is no "percentage changed" rule, legally-speaking. I work in the printing industry, and that comes up pretty often when people are wanting copies of copyrighted material, or copyrighted material that they have used in a program/invitation/card/etc.

      At least that is the case in the United States. I don't know about copyright laws in other countries. ^_^
       
    2. I'm a film/animation student. I've directed a few films already and all of them profissional paperwork had to be done, despite it being just university projects with no profit intended. What i can say from experience is that you wouldn't need a release form (or permission) from any wig makes, clother makers, scupturer, doll manufacturer etc etc... if you are not showing logos or trade marks. Some companies, like CocaCola, has the shape of the bottle as trade mark, for that reason you wouldn't be able just to blur the logo, but if you use a can of coke, it's fine.
      Music, sound effects, fonts, if under copyright, need to paid for. Objects owned don't. Considering a doll is an object, you would have any problems using it, like you wouldn't have if you used IKEA funiture for you set, despite it being designed by someone. If brand mark is not shown, you are safe.
       
    3. Whilst on the subject of copyright, those of you using Photobucket to host your photos on might want to consider changing to some other host if you want to retain copyright of your images - as I just pointed out in this thread, you are basically surrendering all rights to your images the moment you upload them to Photobucket.

      Per Section 6.1 of Photobucket's TOC:

      By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services.
      In other words, whatever legal leg you have to stand on with regards to copyright goes out the window the moment the image is uploaded to Photobucket. You're effectively making the pictures public domain and surrendering all rights and control over that image.

      Something to bear in mind, and I felt it was relevent to repeat on this thread.
       
    4. These look to be MOSTLY done with the same mold. Are we sure that the sculpts don't belong to her?
       
    5. Well...unless someone tells me different, I do not think this artist is directly tracing over other people's art work, he/she is using dolls as a model and reference for his paintings (although I recall several years ago a photograph with a BJD in a very similar position tied up with red ribbons...anyone else remember that?). I think the artist should still reference the model, but as long as it is still a model and they are not tracing someone else's photograph, I am not sure if I find it unethical.
       
    6. It is a Volks Megu (or 4 Sisters or F01) but, the doll being modeled might belong to them.
       
    7. So long as it's mentioned that the paintings are modeled, I see no problem with it at all. The doll wouldn't even have to belong to the painter, because I know I draw my friend's dolls too.
       
    8. BunnyChan, NabeeRain, faerieharp: You're right, the works could be totally ethical--it's just that I was so surprised to recognize the doll and thought others might be interested in seeing how bjds are being exhibited and interpreted by other artists.
       
    9. *nod* I totally understand and I think it is a great topic to discuss! I really think that I remember pictures with dolls being strung with ribbon like that...darn it I can't find it anywhere! I will search some more and see if I can find...though it might be totally different then these paintings lol.
       
    10. It looks like he has used a bjd for a model, or for refrence. Artists always have secrets. ;)
       
    11. Secrets indeed.
      I actually really like these works though, especially "Prosperity" and the "Secret Fragrance" series...
       
    12. The very last picture, "Good Morning", has cats in it. I'm 90% sure I have the childrens book they're on the cover of. If I'm right, it wouldn't surprise me if she did the same with dolls.
       
    13. Those are gorgeous paintings.

      Yes, the doll looks like it's the same model in most of the pictures. The art doesn't look traced either.
       
    14. Just wanted to add the link to the doll I am pretty sure the artist is using (if it is not Megu, it is one of the 4 sister, though it looks like it is Megu's default wig)
      http://www.angelden.net/volks/sd10/megu-ps.php

      EDIT: does anyone else remember the photoshoot that looks like Good Weather For Two No.1 and No. 2? I really loved it and I just want to find it admire it again...perhaps it was in one of the doll magazines? Though I think I saw it on line...It may not be just like the these paintings, they just reminded me of it and I love to find it...
       
    15. *nodnod* i can see the point here, but I think too that the artist is simply using the doll as a model and painting what they see...and unlike MS (because we all thought it was like her at first, yes?) this artist has talent, even if they're simply painting their own photographs

      and plus, if you look at the last row (on the first link) that first picture (the skull image) shows that this artist at least has some other ability and talent than drawing dollies ^^ *shuts up*
       
    16. Looks like the cats you'd find on an old Golden book.
       
    17. Just hazarding a guess that this person is an artist who needs an example to look at before she/he can paint or draw it. My younger sister is like that - she can copy ANYTHING she can see, exactly and in a fairly short period of time, in all sorts of different mediums, but she's not very good at creating pictures from her imagination. So it's not tracing (like Mijn Schatje) of stolen photographs, but rather that this artist has purchased a doll and is using it as a model for the paintings.