If I draw a cartoon based on another do I break copyright?
By gfeef01
@gfeef01 (537)
November 3, 2011 2:03pm CST
I used an existing cartoon as a model to draw a new character, I kept the eyes and the face dimensions but re-drew the hair, kept the body shaping but made it longer and redrew original clothing.
You can recognise the inspiration in the final piece. HOWEVER, the original image was not used any more than a picture is used when you use tracing paper.
I have an opportunity to profit from the image I made, as part of a larger set of original material, but am I breaking the law if I do so?
(ie the law on derivative works)
help appreciated
(or recommendations for categories this could be posted in)
7 responses
@br3ndy (468)
• Indonesia
4 Nov 11
If you didnt make any profit from your work then it is not a problem. But if you make profit from it, it could be a problem especially if your work reach other countries. I guess you should try to make the character design yourself from now on just in case so there will no problems in the future.
@bulastika (5966)
• Philippines
4 Nov 11
Actually that's a wrong believe. copy right laws is has nothing to do with earnings. Even if you don't profit and even loss because of it if you copy the exact thing and claim it as your own then its still a violation. But first thing is. Is that character he copy is protected by copyright? Because if its not then theirs no worry to that.
@gfeef01 (537)
•
18 Nov 11
interesting point there, to be honest, as with much online work, the copyright is suggested not explicit. The site does not clearly state either way though the printed media may. i do wish there was a way of knowing when you find an image online.
In the end i e-mailed the guy and changed my character A LOT. There is little chance he could claim copyright issues if he wanted to now, but the extra work was just frustrating.
@enelym001 (8322)
• Philippines
4 Nov 11
In my opinion, you might be breaking the law... since you have said that it is still recognizable on the inspiration you had with the original one. Maybe you can try making a different one without tracing someone else's and changing it. I have the same though I don't use it to make money. I made a characted a girl when the original is actually a guy. And took off the eyeglasses and my character no longer have glasses
It's so cute, but the fact that I don't make money out of that drawings made me now break the law
I hope you can think of something that you can proudly say you're original piece
It's so cute, but the fact that I don't make money out of that drawings made me now break the law
I hope you can think of something that you can proudly say you're original piece@enelym001 (8322)
• Philippines
4 Nov 11
sorry for all the typos I won't mention the other's but what I'd like to correct is this... the fact that I don't make money out of the drawings made me NOT break the law.
@bulastika (5966)
• Philippines
4 Nov 11
In terms of law not making money does not mean you don't break the law. Law does not look how much you earn. Once you broke the law if you earn from it or not its still a copyright violation. But in his case even if he earns I don't think he make a copyright violations. Because he don't copy the exact drawing as he mentioned it.
@bulastika (5966)
• Philippines
4 Nov 11
I don't think you violated something in here. As long the position, color are not the same. Likes like Letter G remove some - in G and you have letter C. It does not mean you make a copy right violation by remove - in G and form a C. Get the idea? But don't use the same character name or story line. Looks at the story of the Antz.
@Rosa26 (2618)
• United States
3 Nov 11
I am not sure but your discussion remember me the trial about Barbie vs Bratz because the Barbie company alleged that the Bratz took some characteristics of Barbie to create that doll, I know that at the end Bratz lost and had to pay a ot of money.
I would like to help you but that is all what I can say
.
I wish you the with your new product
.
I wish you the with your new product @bulastika (5966)
• Philippines
4 Nov 11
Actually its not the copy right that is a problem in here. The problem is the CEO of brats is former officer in barbie company. As far as I know its a violation of employments or contract that is the case in here and not the copy right. For example. You have an icecream brand. then you sold your iceream brand. You can't open another icecream brand for five years minimum for example that is a contract. But what that owner do after selling its icecream he open another ice cream company with different label and taste. Theirs no copy right violated because he uses different label and flavor but he is in violation of the ban of opening new ice cream company. Now just apply this argument to barbie case. lols.
@microengineer (587)
• Indonesia
3 Nov 11
In my opinion, if you retain some style, it is okay. But, do not try exact copy. You will end in jail. The base of my opinion, most Japanese Manga has similar drawing. Big Eye and sharp cut hair style. But it is more difficult when you follow Europe or American figures, such as Tintin or Superman. They have specific way in drawing. Some similarity still appear, but no one complain at.
However, if you still feel unsure, you can consult with some law firm.
@grace147 (223)
• Philippines
4 Nov 11
You will be best guided by the current applicable laws if you consult a competent lawyer. However, base on my opinion only, i think you will violate certain provisions that protects such things. In any rate, your good at it so why not make your own concept then other than it will be original, you craft will be created from your heart.
@WakeUpKitty (8694)
• Netherlands
3 Nov 11
Most cartoons are drawed at the same way. If the character is changed it's not breaking copyright. I also doubt if it is so if you draw the same but in a different way. Perhaps you can get info at fanart or some other sites where people who draw a lot share there art together?
@gfeef01 (537)
•
4 Nov 11
actually they are drawn using different processes. i know the original is sketched, scanned and then coloured, where as i use vector lines from the beginning.
i did e-mail the original artist asking if i could use my first draft image for some non-profit work, wish i hadn't! He replied, obviously flattered but insisting i didn't sell any of my work.
