Question:

I am an artist that wants to try to carve a copy-writed image. I want to be ethical/legal. Please advise.

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I am a carver & I want to carve some cartoon characters for my nieces & nephews. These characters are popular & copywrited. Any suggestions?

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  1. If you carve for your nieces n nephews is ok. But if you sell them than you need to a license from the respective trademark's owner.  


  2. Honestly, if you're doing it in small quantities, you're probably ok.  This is what is sometimes referred to as "flying under the radar."

    If you take them to Ebay, or start doing larger quantities, you could run into problems.

  3. There is no law against making the statues for personal use or gifting them to family members. Selling the trademarked images is not allowed.

    Carving is a lot of work.  It takes a lot of talent and a gift from G-d.

    Make important images like biblical figures, religious icons, family portraits, or mythical heroes, instead of commercial cartoons.

    Or make generic toys that exercise the imaginations.

  4. Since your use of the image is not for profit and is personal, it qualifies as fair use.  

  5. Making copies for your personal use is legal.  That should include giving the carvings to your family.

    SELLING copies to anyone is copyright infringement and is, therefore illegal.  If you get caught, you could be sued, and, in a worst case scenario, spend some jail time.

    It all depends on how you get caught and who catches you.

    Here is the official US government copyright office site for more detailed and accurate information:

    http://copyright.gov

    Look up the part of the law describing "fair use."

  6. You need permission from the company or creators, whoever owns the rights.  There will probably be a fee involved, and you will have to detail exactly what your purpose is.  Since this project is not for profit, the rights holders will probably be easy to work with, but don't be surprised if the number of hoops you still have to jump through is excessive.

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