Copyright Rules?

[chappie]

Don't know if I've posted this in the right section, but I am thinking of making greetings cards to sell, using the Betty Boop character on the front of the card. Hubby says I wouldn't be allowed to do this, as the character is copyright protected.

I've seen many sellers on ebay using this sort of character on their cards, for example, The Tweenies, The Bratz, Batman etc. I wonder if this is breaking the law, and if you should approach someone for permission to use these characters?

Any ABers any comments please? Thanks in advance.

[TIFFnGARY569]

If you have gotten your Betty Boop image from some type of legally copyrighted software, then it is perfectly legal...........but you can't sell them.

[Ethel]

You will need permission - as Betty Boop is such a famous character you will probably have to buy a 'licence' to use the image.

The current copyright holder is Viacom.

[chappie]

I wonder how serious the offence is? For example, ebay let sellers sell items using this sort of thing. Anyone know how likely you are to be prosecuted over it? Are ebay acting illegally? Thanks in advance.

[WoWo]

"Anyone know how likely you are to be prosecuted over it?"

Not that likely I would imagine but that doesn't make it any more legal.

I don't mean this in any other way than it's written, if you are happy that you will be commiting a criminal offence then go for it, just as long as you are aware of the consequence.

[Ethel]

chappie - eBay and vero pull a lot of listings that breach copyright, many sellers are suspended and given formal warnings.

And that can be simply by using a photo from an official website to illustrate the item for sale.

Don't forget that the big card manufacturers pay a lot of money for the rights to use these images and wouldn't think twice about taking action.

[jake-the-peg]

Copyright in the US now lasts for the life of the author +70 years or 95 years for a case of corporate authorship.

http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act

Betty Boop first appeared in 1930 - Grim Natwick is credited with her creation - as he died in 1990 you've got at least 20years to wait on either count

[Jules001]

I make and sell greetings cards and I never use copyrighted characters on cards for sale ( for personal use to give to family, friends etc then I do, but not for sale). Disney are particularly hot on this and I have even known them to remove or have removed pictures of cards on websites (just showcase websites not offering them for sale) of Winnie the Pooh etc. I know that there are people that do and get away with it, but it is copyright and I wouldn't be happy if people ripped off my card designs so do as you would be done by and don't risk it.

[chappie]

Thanks for the very interesting replies. I wonder though, as asked to my original post, is there someone you could approach for permission (and probably have to pay a fee) to use these characters?

With reference to Ethel's post, I contacted Viacom, who directed me to a London company, who in turn couldn't give me much information, except to ring Warner Bros in America, and gave me the American number to call. I haven't rung it, because it really was just a thought, a hobby if you like, and I expect I would be lucky to retrieve my costs from the sale of the cards. I imagine you are looking at megabucks to buy the right to reproduce the image, and little old me is just a lowly housewife who enjoys crafting.

Jules001, do you sell on ebay? Is it worth your while? I mean, do you manage to recoup your costs? I noticed someone on ebay selling "not Betty Boop" cards, with an image that looks very similar to BB, but not actually her. Wonder if that's allowed?

With regard to pinching the idea from its owners, to be quite honest I wouldn't actually lose much sleep over pinching a few pennies from Warner Bros. (BB's creator is dead). On the scale that I would be involved, it would be like pinching a spoonful of water out of an ocean! (If you know what I mean). And before you answer - yes, I know, a criminal offence is a criminal offence! Shame on me!

[Ethel]

Chappie

I sell a lot on eBay - not cards or designs of any sort though.

Your suggestion of putting 'not Betty Boop' on the listing is called keyword spamming and is not allowed. You can be sure you would be reported for it. If you continued to do so you would be suspended.

Original designs of your own should be the way to go - research eBay and see what sells. Animals and humour seem to be popular.

Advertise as 'Original'. It would not cost much to list a few and test the market.

Good luck.

[Jules001]

No Chappie I don't sell on Ebay. I did toy with the idea of doing so and may yet test the water. Personally if I didn't make cards, I wouldn't buy one from Ebay as there are different weights of card stock and some are quite flimsy and 'cheap feeling' and you can't always tell what you are getting so I would stick to buying from where I could see what I was getting. My most popular selling cards are my own original ideas as I think what attracts people to them is the fact that they are something that can't be bought in any old card shop and that generally they are OOAK.

[chappie]

Jules, I know just what you mean about the quality of the cards sold on ebay. In fact, I bought one from ebay myself and was disappointed. This is what gave me the idea of selling my own, which are always made from good, heavy card and good quality. Having said that, I bought a second lot from ebay and they were fantastic.

I have done some research, and there seems to be such a lot of people selling handmade cards on ebay, I think the way to go is, do it if you enjoy making the cards, but don't expect to make big profits out of it. For the price some of them sell at, I wonder if the seller recoups the cost!

Ethel, thanks for your advice. I have mixed feelings about giving ebay a go, as I said in the above paragraph, there are so many people doing it already. The Betty Boop character appeals to me in particular, because we call one of our family members Betty Boop, just in fun, always have done, and my imagination was running away with me! But after reading the replies to my question, I am going to rethink.

Thanks again for all replies.

[Plutus]

I watched a TV programme on Thursday 3/3 about the millions of pounds that Ubro have to spend to combat counterfeits of their clothing. There ARE severe penalties for those caught. OK, your idea is on a lot smaller scale but does that make it any the less illegal.

[chappie]

Plutus, thanks for your reply. No, of course it doesn't make it less legal, but there's a huge difference between companies who make vast profits from counterfeiting, and a single person who reproduces (for want of a better word!) a cartoon character on a greetings card, to bring someone some joy, and just about breaks even on the cost of selling the card, not doing it with the intention of making profits.

And can I draw your attention to my original post. I never said that I intended to do it, I asked if there is someone you should approach for permission, and have, in fact, made telephone calls to enquire about doing it legally!

Thanks again for all replies.

[nancie]

here is a simple answer for you. It is not legal and no company would distribute the images on your cards for you as you are not the copyright owner. You could sell them illegally at carboot sales, etc etc, but dont let trading standards get wind of it.

[chappie]

nancie, thanks for your reply. It was just an idea, and I don't know if it is worth the hassle, when you see how little cards go for on ebay (was thinking of selling them on ebay). I enjoy making the cards and love the Betty Boop character, but don't want to do anything illegal (the AB squad would have me hung, drawn and quartered!)

Thanks again.