shygrrrl

Pilgrim, about 1 year ago

Shygrrrl, I am not a lawyer but I think the answer is no you are not allowed to post it. Disney is super, super sensitive about their stuff and if it is a recognisable Bambi then you can’t have copyright over it. There is a fair use argument but I dont believe this applies to things like Bambi. Somebody with more legal knowledge may like to comment (will send your post to our resident all-rounder including legal eagle at RB Anneli but she may not get back as she is off to Central Oz)!

Graeme Hindmarsh, about 1 year ago

You will most definitely be breaking copyright.
If you’re unsure, there is a thread with some very good links about copyright issues in one of RB’s threads – here. The links at the top are very useful and could save you a lot of headaches (and perhaps money!)

Charlotte Morison, about 1 year ago

If you go to one of the stock photography websites and read the terms and conditions, I’ve found this to be a pretty good indication of what’s legal/ethical and not.

To sum up what I know:

- If a persons face is visible and recognisable you need a model release form to be able to use the image (this is really important in the US, but not so strict here in Aus)
- If a brand, lable item that is already copyrighted or even a name of anything commercial is visible and recognisable in the image you can not use it.
- If you are shooting in a building, or the building you are shooting outside of is recognisable then technically you need to get a release to use the image from the owner of the building (again, probably more of a US thing, but technically still applies here).

Hope this helps.

kookylane, about 1 year ago

awww…. but i still want to see it tho…
Isn’t okay as long as we don’t sell it?

shygrrrl, about 1 year ago

Thanks guys. That kind of clears things up. So I can’t sell it, that is cool. I’m not entirely sure I can even put it up “not for sale”. I wonder if I can put it but state clearly that it is Bambi, copyright – Disney, and not for any personal profit?

Naomi Mawson, about 1 year ago

I got legal advice with my preraphealite work as I use segments of the original paintings. In my case the artists are deceased and as long as I obtain the files from a public space i.e. the internet and not scanned from a book then that’s OK!

shygrrrl, about 1 year ago

Hmmm… I think I will do the same and get legal advice. The last thing I want is to get sued, just because I wanted to show everyone my red Bambi lol.

Graeme Hindmarsh, about 1 year ago

Strictly speaking, you can’t even display it even if it’s not for sale.
However, many franchises are comfortable with the concept of “fan art” – that is, art that is based on their intellectual property that is not for sale and is appropriately acknowledged. But you need the copyright holder’s permission first.
George Lucas, the creator of Star Wars, is quite happy for fans to make movies or create other art works using his intellectual property as long as permission is saught and the resulting works are not sold. It is seen as advertising and helps to enhance the value of the original work.
Parodies (like Weird Al Yanovic’s work) can skirt copyright laws but it has to be very clear cut.
In reality, although you would be breaking copyright law, Disney is probably not going to come chasing after you. It’s an old property (1942), and if you are not depriving them of any income or bringing their property into disrepute, then the worst that could probably happen would be that they send you a Cease and Desist order asking you to remove the image.
You might be interested to know that there is at least one other image on RB which infringes on a Disney copyright. It is not for sale and does acknowledge the original copyright holder.

shygrrrl, about 1 year ago

Thanks Graeme. I’ll look into it a bit more. I really like the picture (it is no way derogatory toward Disney, or Disney art), and it would be cool to show it off, but I am timid when it comes to getting into trouble.

Kathleen Donnelly, 10 months ago

Hi Shygrrrl

You probably found all this out by now, but the Australian Copyright Council has heaps of really helpful factsheets about copyright.
http://www.copyright.org.au/publications/infosheets.htm

I was told this year at college that if you change it up to a certain percentage then you were ok to display or sell work, but the ACC say this is incorrect.
The laws are different in different countries.

I hope this is helpful!