InternalFlame Posted September 6, 2012 Group: Diamond Member Followers: 0 Topic Count: 77 Topics Per Day: 0.01 Content Count: 422 Content Per Day: 0.06 Reputation: 5 Days Won: 0 Joined: 10/30/2005 Status: Offline Birthday: 07/24/1985 Share Posted September 6, 2012 I run a shop on Etsy where I sell my handmade jewelry and clothing items. One of my items is based off of a popular TV show Once Upon a Time. It features a miniature version of a tea-cup that is on the show with a heart charm of my own design. The cup is basically a basic Royal Albert Val D’or teacup, the flower and stem design is the same as in the TV show. My question is, should I take it down because the idea stems from a TV show? When it comes to these things it's hard to figure what's acceptable and what's not. Link to comment Share on other sites More sharing options...
Guest LadyC Posted September 6, 2012 Share Posted September 6, 2012 hey send me a link to your shop, please! i quit selling my jewelry on etsy a long time ago because i hate their policies, their fees, and all the "office politics". not to mention the drama on the forum there. but it seems like i've seen similar questions asked before on their drama-filled boards... and if i remember correctly, unless their design is copyrighted or patented, you should be ok. "ideas" and "concepts" are not subject to copyright law. do you remember the movie 'pretty woman' with julia roberts? and do you remember the polka-dot dress she was wearing at the polo match? i bought a dress nearly spot-for-spot identical to it in a local department store soon after the movie came out. i don't recall there ever being a lawsuit against the clothing manufacturer for having copied the look of a dress featured in a movie. Link to comment Share on other sites More sharing options...
nebula Posted September 6, 2012 Group: Royal Member Followers: 10 Topic Count: 5,823 Topics Per Day: 0.75 Content Count: 45,870 Content Per Day: 5.94 Reputation: 1,897 Days Won: 83 Joined: 03/22/2003 Status: Offline Birthday: 11/19/1970 Share Posted September 6, 2012 I'm no expert like LadyC - but she stated what I was thinking. As long as you are not violating a copyright, there should not be anything wrong with the design. If people like it, they like it; if they don't, they don't. Link to comment Share on other sites More sharing options...
InternalFlame Posted September 6, 2012 Group: Diamond Member Followers: 0 Topic Count: 77 Topics Per Day: 0.01 Content Count: 422 Content Per Day: 0.06 Reputation: 5 Days Won: 0 Joined: 10/30/2005 Status: Offline Birthday: 07/24/1985 Author Share Posted September 6, 2012 https://www.etsy.com/listing/99764948/rumbelle-charm-an-empty-heart-and-a this is the jewelry in question Link to comment Share on other sites More sharing options...
Guest LadyC Posted September 6, 2012 Share Posted September 6, 2012 is there a photo somewhere of the necklace from the show? i watched all of it last season but don't remember seeing a necklace that looked anything like that. Link to comment Share on other sites More sharing options...
Guest Posted September 7, 2012 Share Posted September 7, 2012 The Transformative Factor: The Purpose and Character of Your Use In a 1994 case, the Supreme Court emphasized this first factor as being a primary indicator of fair use. At issue is whether the material has been used to help create something new or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions: • Has the material you have taken from the original work been transformed by adding new expression or meaning? • Was value added to the original by creating new information, new aesthetics, new insights, and understandings? http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html Link to comment Share on other sites More sharing options...
InternalFlame Posted September 7, 2012 Group: Diamond Member Followers: 0 Topic Count: 77 Topics Per Day: 0.01 Content Count: 422 Content Per Day: 0.06 Reputation: 5 Days Won: 0 Joined: 10/30/2005 Status: Offline Birthday: 07/24/1985 Author Share Posted September 7, 2012 is there a photo somewhere of the necklace from the show? i watched all of it last season but don't remember seeing a necklace that looked anything like that. In the show it isn't a necklace, it's a cup that the character keeps as a sentimantal keepsake Link to comment Share on other sites More sharing options...
Guest LadyC Posted September 7, 2012 Share Posted September 7, 2012 oh, the beauty and the beast episode! gotcha. i don't think you have anything to worry about. even when i first looked at your necklace, i was thinking it looked more like something from b & b rather than from once upon a time. and since i'm assuming that you purchased the teacup itself, that shouldn't be a violation of disney either. Link to comment Share on other sites More sharing options...
georgedrw81 Posted September 7, 2012 Group: Royal Member Followers: 0 Topic Count: 7 Topics Per Day: 0.00 Content Count: 1,823 Content Per Day: 0.33 Reputation: 36 Days Won: 2 Joined: 04/10/2009 Status: Offline Share Posted September 7, 2012 There are many copyrighted items and to find a particular one is difficult at best. Copyright can be for a dress but not for shoes and it can be in one area but not another. If you did break the copyright someone, maybe, will come foward to let you know. Blessings Link to comment Share on other sites More sharing options...
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