Question re copyright of drawing of Dora

I'm not a copyright lawyer, and I'm not your lawyer. :-) It is possible, however, that your situation might fall into the exception to copyright protection known as "fair use," if U.S. law is applicable. Here are some websites that might help you decide what the relative rights and responsibilities are:

If you believe U.S. law is not applicable, then google "fair use copyright" and the name of the relevant jurisdiction (Australia?). I don't know what "Norah" and "Dora" are, so I have no idea who might own the relevant intellectual property rights thereto or what jurisdiction's laws might be applicable.

If you have any questions, please e-mail me at edna_pearl at yahoo dot com and I'll try to help.

ep

It also occurs to me that the relevant intellectual property concept at issue may not be "copyright," but rather "trademark."

ep

Hell's Bells. I simply can Not imagine the copyright police climbing in the little girl's window one dark and stormy night and arresting her for copyright violation. OTOH, I guess it could happen. Why don't you search and find the Dora headquarters and ask for permission to make one little darling one little pillow with no thought of profit or mass production whatever. Polly

Speaking with my "normal human being" hat on instead of my "lawyer" hat, I couldn't agree more that the "copyright police" wouldn't give a hoot about this, Polly, but life is strange. (You heard it here first.) Scotch tape, Kleenex tissue, Disney, and Coca-Cola have spent a fortune hunting down poor little restaurants and shops that take their name in vain.

If you right the company, their knee-jerk response would probably be to say no. It costs them nothing to do so. It's not like one of us textile artists would turn around and sue *them* for the right to use their purported intellectual property.

I was trying to think of some way you could build in an attribution to the use of the image or text. (c) or "TM" or whatever. I dunno.

ep

Ahem. That should be "write."

ep

I have done that, but I am impatient because I want to (a) do the right thing, and not be jumped on because I did it and (b) I am nearly finished it and want to get it in mail to my niece.

I will take the chance I am doing nothing wrong against copyright.

Thanks for this valuable information, I will take it on board and do what I was originally going to, make the cushion and send it of before Christmas.

As this simple question could have been raised by anyone on here using something designed by another person who has put copyright on their work, I have decided that there does not need to be any more discussion on this subject. I don't need to be made to feel stupid. Thanks for the help.

Well, for goodness sake, Di. We certainly didn't have any intention of making you feel stupid. What's stupid is the copyright cobweb. If you were going to pretend to be Dora and use that brand/whatever and profit by millions and claim her as your own - that certainly would be one thing. Just making a pillow for someone precious to you seems to me innocent and harmless. If I sounded just 'stomp a mud puddle angry' on the subject - it's because we have to tread so carefully about something so just plain tedious. I did one time long, long ago need to use a copyrighted thing on a Mardi Gras parade float and had to obtain permission. They were happy to oblige. Won't hurt to ask. Polly

I have asked them Polly, and as I said I/'m impatient and need to get the gift away in the mail. So whether I breach copyright or not, I have decided just to go ahead and do it. I know Zoe will truly love the little cushion and that is all that really matters I think.

I just felt stupid asking such a common question (I think it is) then realised I really never needed to ask it in the first place.

All is good. :>}

Cheers,

The only stupid question is the one you don't ask. Sometimes the question may need a simple common sense answer, but we get so tangled in out minds about it that just airing the question allows us to answer it for ourselves. So long as you are making it for 'own use' rather than to sell, you'll be fine. If you weren't, they wouldn't be selling the fabric.

And with things like the Design Piracy Prohibition Act and the new CPSIA regs set to kill a lot of home based and small businesses, we have plenty of other stuff to worry us!

Well, I only studiedlaw for two semesters in my pursuit to "learn to run my father's business" but as long as you did not take another's creation to sale and profit in so doing you really have not done anything unlawful.

Sleep easy.

Rhoda

snipped-for-privacy@msn.com >Hi all,

There was absolutely nothing stupid about the question at all! If someone tells you that you might be violating the law, it would be foolish not to try to think it through and ask friends to help you think it through!

I certainly hope I sound like I was trying to make you feel foolish. On the contrary, I didn't know the answer to your question offhand, and I'm a lawyer!

ep

Howdy!

Nah, no one's trying to make you feel stupid; relax & read.

Looking at the Nick Jr. Dora t.E. website

there's a crafts section, w/ patterns & templates,encouraging you to make items that include images of Dora. Now, they'regiving you permission to use those items listed (pics of the characters),and I just suppose that if you use this idea & fabric, and you'renot planning to sell anything, you could make your cushion and give itas a gift and everyone would be okay with that. And, as you say,you bought the printed fabric; surely they understand that you'll bemaking "something" with it, not just spreading it on the bed to look atevery day. We've had this discussion so many times, at least a half-dozen times a year in the 13 yrs I've been on RCTQ; seems if your intentions are good and your (quilty/crafting) heart is pure, you'll be okay on this. ...but what do I know? Just send pics and let us know about the hugs you receive after the gifting.

Cheers! R/Sandy

That's ok, Edna Pearl - we know what you *meant*. ;-)

Doc

So did I and I am grateful for the advice given by all.

Sheesh. I made all sorts of odd mistakes typing yesterday. Sorry.

ep

Gosh Edna, I never noticed what your post read until Doc pointed it out. I have finished Dora and will post a pic for you.

Ladies... No harm - no foul. We all do it; that's why they put "Delete" keys on keyboards (or something like that...) ;-)

Doc