PapaBlueMarlin opened this issue on Dec 01, 2004 ยท 108 posts
ynsaen posted Wed, 01 December 2004 at 3:06 PM
Attached Link: A prior posting of value here
*Samples: are these "Fan Art"?* Under the definition provided, no. *Or does it have to be an attempt to exactly duplicate a copywritted character?* 1- it would be copyrighted. 2- Not *exactly*, but for general purposes, yes. *If this has always been part of the TOS, then why did R'osity create a category for film/tv art in the first place?* This is rosity. you actually need to ask? *Does this mean if my vampire had a roundish face, characteristic hair cut and typical 'Dracula style' cape he would 'resemble' Bela Lugosi?* As described, no. If, however, he looked like Lugoisi (which is a distinctive appearance), then yes. *Or what if he had a different, say Mike'ish face but held his cape over his face in a Bela Lugosi fashion...it would 'resemble' him?* no. *Or would it have to be an actual attempt to reproduce his face?* Yes. *or is it the whole 'Dracula look' using that classic hair style, cape, pointy fangs with little or no regard to his facial shape and likeness?* No. Trademarks require distinctiveness, and are measured in sum. Add enough of the fine points in the right mix -- like a recipie -- and you have the end result. *Where the estate of Bela Lugosi may not hold a copyright to the whole 'Dracula' thing, doesn't some movie company some where hold rights to the 'style' used in the various movies?* The "style", in the larger sense, isn't something one can snag. It is not distinctive enough. *And what about the Vampirilla style costume made for Vicky, is that now a "no-no" to use in renders as well, even if we do not attempt to re-create any of the actresses that have worn that outfit??* I wouldn't think so, unless you were essentially creating a "vampirella" character.thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)