Photos of Cuddly Toys

[Innocent]

Hello

I'm about to embark on a project that will result in a series of photo comic stories. My aim is that they will involve the use of two stuffed toy bears. The bears were bought for this purpose, one from a large international retailer and the other from a small toy company.

I've created a costume for one of the bears and the other came already dressed in a costume that fits the bill.

Can I use these with impunity? They'll be there in the small photos along with speech bubbles and the like. The outputs will be used exclusively for educational purposes as part of a series of language learning packs and will never be sold for profit. My client is a Higher Education Institute.

Thanks in advance for any advice.

MA

[AndyJ]

Hi MA

Unless the bears are exceptionally distinct and unique in appearance, there are unlikely to be any copyright isssues here simply because, in general, manufactured goods such as toys are not treated as artictic works. They are practical items.

Design Right (the right specifically intended to protect the appearance of practical items) is not applicable either because you are not reproducing the bears themselves, merely photographing them. And trade mark law is equally inapplicable because you would not be using any registered marks (eg the distictive Stieff ear tag) in the course of trade.

[Innocent]

Thanks Andy. That's really helpful. Much appreciated.