Copyright implications of creating an ad using figurines?

May 20, 2006 11:09 PM

What are the copyright implications if creating an ad using photos of figurines?

I'm launching a web app in a niche market and I'd like to release an ad to address certain market attitudes. The idea for the ad is a comic strip of figurines engaged in dialogue, kinda like this. Of course, I would be taking these photos myself.

posted by freakystyley to Law & Government (8 answers total)

As someone who's gotten a nastygram about this, I have to say that it's a POOR IDEA if you are advertising your own goods / services without getting proper consent from the copyright holders. They want to keep [THEIR PROPERTY] very very far from [UNAPPROVED GOODS OR SERVICES.]
posted by beaucoupkevin at 11:14 PM on May 20, 2006

Unless they're really old, the figurines are probably under copyright -- they're a work of sculptural art, essentially. So photos of them are derivative works for which you need permission of the copyright holder.

(I am a lawyer, but I am probably not licensed where you are, and I do not represent you. Consult competent counsel.)
posted by raf at 11:40 PM on May 20, 2006

i'd suggest using cartoons or drawings of figures that are in the public domain, like this... you might be able to achieve a similar effect, and not have the copyright worries. dover books are good for that kind of clip-art.
posted by ab3 at 11:47 PM on May 20, 2006

Best answer: Under the Berne convention, copyright is automatic unless explicitly waived. A statue or a model is definitely a work which is covered by copyright, and a photograph of that statue or model is unquestionably a derivative work which would also be covered.
posted by Steven C. Den Beste at 12:05 AM on May 21, 2006

Response by poster: Thanks guys. I guess the answer is a pretty definitive 'no'. ab3, using clipart was the first idea I had (was thinking of this), but I wanted something cuter.

However, I've just been re-inspired to just use Play-Doh. I'm pretty sure I can get around this copyright issue, yes?
posted by freakystyley at 7:50 AM on May 21, 2006

If you're the one creating the figurines, then the copyright is yours.
posted by Steven C. Den Beste at 8:05 AM on May 21, 2006

There are some cases where you can get away with this. Advertising pretty much automatically disqualifies you from all of them.
posted by KirkJobSluder at 10:07 AM on May 21, 2006

Bypass the whole issue by creating your own figurines.
posted by joannemerriam at 12:26 PM on May 21, 2006