ok, so I was wondering bout the leagalities of painting say Rat Fink on someones ride. I have seen artist other than Ed Roth paint them on rides but I'm not sure what they do to show that it is a roth design. How much trouble and indeed how much disrespect would it be to reproduce charactors. I use the flying eye too but I've seen hundreds of people using it. I was thinking that if I was to IMO Ed Roth under the Finkster it would atleast show respect to the inventer....I know I know come up with my own design and I do have some but people still would like the rat fink. What do you do? What should I do?
It's called "Copyright infringement". Even if you get away with it,or rationalize it somehow,it's still illegal. If your going to paint a Rat Fink,at least do a good job. Use a decent referance,get the color right,include all the detail. There are few things worse than a bad copy.
thanks, I don't want to step on toes. Is the flying eye copywritten? I've been working on a "Captured Eye" concept and yet again I don't want to step on toes.
Nothing "dumb" about your question....in fact, it shows integrity on your part to take the time and consider the issues here.....If we can be of any help, please drop us a line....The answer you are looking for is not a simple black and white rule....
Would it be infringment if money was not exchanged? Lets say that the image was used along with original striping and only the striping was charged for or lets say the image was used on my own private vehical. What if the image was painted on a friends ride in exchange for help or parts (bartering so to say)? I guess I really shouldn't use the images at all, when in doubt just say no. I wouldn't be heart broken not using the Finkster but what about other charactors such as cartoons, they can be in demand. I really do want to continue developing as striper and having a few of these things can help. My "captured eye" concept is very dear to me and I would like to show it off once its at that stage even if it just on my ride.
Pretty much you can do what you want as long as money isn't involved. I think painting a fink on someone's car is okay, although it may be illegal. As long as the car is not going to be in advertisements r such. Kinda like painting mickey mouse on some kids room wall, or painting it on a wall in a restaurant. Big difference. As long as you don't steal it for your own logo, or paint it for someone elses' logo, I don't think the feds are gonna drop in on you.
Copyright images can leagally be reproduced for what is considered "fair use". If money changes hands,you might have difficulty claiming "fair use". Copyrights also include the right to make derivitive works. A minor change to an existing design would be considered a derivitive work. As long as you SUBSTANTIALLY change the design,you should be ok with your "captured eye". For example,putting shoes on a Rat Fink would NOT be considered a substantial change. Subtle changes in proportion,color,details,or pose,would NOT be considered substantial. Rat Fink,and Mickey Mouse are both Rodents standing on their hind legs. But that is where the similarity ends.They are substantially different. No one,in their right mind,would confuse the two. Like anything else in life,you could probably get away with copyright infringement. Probably. OR,you might just meet up with some Weasel Lawyer looking to make an example out of someone.
Never thought about it that way. Do you think Roth was giving Disney & Mickey the old middle finger salute when he came up with Mr. Fink? There is a Roth story in the Mad Fabricator DVD that is funny as hell and disturbing at he same time. Makes me kinda glad I never got the opportunity to shake Roth's hand.
[ QUOTE ] thanks, I don't want to step on toes. Is the flying eye copywritten? I've been working on a "Captured Eye" concept and yet again I don't want to step on toes. [/ QUOTE ] hasnt the flying eye been around longer than the his painting... i think he got it from somewhere or... it means something else...*****.. i dont remember... im prolly wrong.
[ QUOTE ] Never thought about it that way. Do you think Roth was giving Disney & Mickey the old middle finger salute when he came up with Mr. Fink? There is a Roth story in the Mad Fabricator DVD that is funny as hell and disturbing at he same time. Makes me kinda glad I never got the opportunity to shake Roth's hand. [/ QUOTE ] LMAO>.. that was just NUTS... i wonder what the***** was going threw the *east coast guys* heads.! god only knows. that reminds me... when is Vol. 2 coming out>?>>