"Dizzy", "The Yolkfolk" and all related characters and titles are trademarks of Oliver Twins Limited and The Codemasters Software Company Limited. All rights reserved.
So I can sell artwork/drawings as long as I include a notice?
[/quote]
That is something you would have to take up with Codemasters directly, but i would be surprised if they were to allow it. They do allow us to produce fan game as long as we include a pre-defined copyright and trademark disclaimer, and the games are NOT for profit. i.e. free
I've seen people sell images of characters for all sorts of things. My local coffee shop displays artwork locals have done, some of it of real people or characters (and they are for sale)
A stand alone cartoon drawing of an egg with boots and gloves is in itself not subject to copyright laws. Similarity of a specific drawing and any derivative drawings of an obvious copy of 'Dizzy' (and other Yolkfolk) characters are subject to copyright law. Exceptions are legally permitted, usually within a larger framework with the intent to inform (or sometimes mock), but trying to profit solely from copyrighted original (or derivative) drawings without permission is not legal.
However, this is a civil offence, not a criminal one and if you attempt to sell your artwork without permission from the copyright holders (The Oliver Twins and Codemasters) then they are entitled to sue your arse off, but they will have to bear their own legal costs, but by the same token so will you and that would probably work out a lot more expensive than any profits you may gain from any sales. But, that does depend on which country you live in and whether it is financially viable for the copyright holders to attempt a civil suit in your country. Although if you are attempting to sell them via the internet, then the copyright holders would most likely contact the provider and they would shut your account down rather than get involved in the threat of a law suit.
Some companies will refuse permission on principle regardless of the medium as it can open the floodgates to other persons attempting to profit from their creation, regardless of whether or not they (The Oliver Twins & Codemasters) have any future intentions of marketing within said medium.
But, as Peter says, contact Codemasters. You never know, they might give you the go ahead for what is basically a very limited market.
When i go to various festivals and events there is always someone selling artwork they produced and all of it is famous people or characters. So they don't get into trouble for selling their artwork of Batman or whoever they decided to paint in canvas.
Real people are different as you can't copyright your own features, which would please some 'famous' people, but not the paparazzi or newspapers. Fictitious characters are somewhat different as obvious derivatives are still considered part of the copyright and companies tend to buy merchandising licences for mass sales of a particular character. Also, copyright law only lasts for the lifetime of the creator plus a set number of years, but there are extra complications if the copyright has also been registered by a company as a trademark.
But as I said, copyright holders can sue, but have to bear their own costs and in cases of individuals selling unlicenced stuff at fairs, festivals etc it is generally not cost effective. Plus, of course, they actually have to find out about it. However, selling stuff on the internet makes it a lot easier to discover alleged plagiarism because of search engines and it's easier to threaten to sue a provider than the individual responsible.
Whats wrong with selling art inspired by something? Surely it happens all the time
As long as its an original creation and not a copy of someone elses work
I've been to exhibitions where artists sell their pictures of lord of the rings characters. They've been so successful, they've been asked to do "official" artwork
Or Sainsbury's selling t-shirts with the Millenium falcon printed on it - I doubt George Lucas gets a cut
A lot depends on how far you can go with the definition of 'derivative'. Decades ago, Disney would have claimed copyright on any drawing that looked vaguely like Mickey Mouse. The copyright on Lord of the Ring characters lies with the Tolkein estate as he was the originator of the 'characters' even though they were just names and literary descriptions in a book and permission would have to have been given for a film using those characters, so artwork based on the visual portrayal of those characters is not a copyright issue per se. Oh, and you can be certain that Sainsbury's etc do have a licence to sell items depicting other people's original work.
“Dizzy”, “The Yolkfolk” and all related characters and titles are trademarks of Oliver Twins Limited and The Codemasters Software Company Limited. All rights reserved.
[/quote]
This would indicate that anything that you create that is related to Dizzy, The Yolkfolk, and any other related characters and titles is trademarked, ie. you cannot make claim to it without Oliver Twins Limited and The Codemasters Software Company Limited. If you want to sell fan-made pictures you'll need to ask them first.
This discussion is read-only.Browse the replies or return to the forum category.Back to forum