Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Copyright infringement through drawings?

 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
duckwraith
New Member
New  Member


Joined: 28 Aug 2015
Posts: 1

PostPosted: Fri Aug 28, 2015 8:21 pm    Post subject: Copyright infringement through drawings? Reply with quote

So as a way to earn a little more money I sell shirts and merch on pages like redbubble.
Yesterday I did a short one hour project based on Star Wars' most iconic character, Darth Vader, a kinda silly thing with him having lost his hand and the title ''Sith Happens''. The only reference materials I used were a few pictures of Vader for proportions and to see how shadows fall, aside from that, it's a fully original piece of digital art.

I got an email from Redbubble today stating that they ''have removed the following content from Redbubble in response to past complaints from Lucasfilms, Ltd., a subsidiary of The Walt Disney Company, the claimed owner or licensee of related intellectual property and in accordance with Redbubble's IP/Publicity Rights Policy''

I did message redbubble to find out what was wrong with the piece but I'll have to wait a couple of days for a vague answer, so I was hoping for a better answer here.

This is the information that I can give as context:

-It is an original piece at least 40-60% different from the source material

-I do not think that I need a license to sell Star Wars related shirts, as (for example) only by typing in ''star wars'' into redbubble search thousands of pieces come up, and I highly doubt that all these thousands of artists could afford to buy licences.

-If it's the character that is copyrighted, I don't understand why those thousands of artist still have their work up.

-In the few hours that it was up it only got about 20 views so it's not like it sold thousands of euros worth of merch. Actually it hadn't sold a single time yet as it had just been up for little less than a day.

Any and all information and help is greatly appreciated.
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1630

PostPosted: Fri Aug 28, 2015 10:07 pm    Post subject: Reply with quote

Hi duckwraith,
It's hard to know what specific complaint Lucasfilm raised about your posting, but given the speed with which they reacted I would say they were using a bot to track instances of words like Star Wars or Darth Vader and then just sending out automated takedown notices without necessarily checking the actual content found.
If this was a DMCA take down notice, as seems likely, Redbubble are required to tell you exactly what the complaint is, and you have the right to refute the claim if you think it is wrong.
However large sites like Vimeo, Youtube and I suspect Redbubble, get thousands of these takedown notices every day and so they too have an automated system for removing the content and notifying their subscribers, again often with minimal human intervention. In any case it's not the job of the hosting site to make value judgements about takedown notices, they just act as the post box and that way, they don't get sued.
So it may be that Lucasfilm think you have infringed their copyright in the images of Darth Vader, or it may be to do with trade mark infringement (or both). But without the details it's not really possible to say much about whether the claims are justified or would stand up in court. Lucasfilm have a reputation for robustly protecting their intellectual property so this is not a surprising move.
Once you get the details from Redbubble and if you think the claim is wrong, use the Redbubble counter-notice procedure to get your page re-instated, and possibly have to fight the matter directly with Lucasfilm/Disney.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group