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Nancy D Jul 24, 2008

Through one of my photos posted somewhere I received a request to make a panda bear that is illustrated in a book. The request has come from the author. She has written a book to explain Parkinson's disease to children. The main character is Pee Dee the panda. I agree, partly because my mom had Parkinson's. I said I would make the first one for the cost of materials and he is to be childsafe. The author mentioned that many others might want them and I told her I am just one person and can't mass produce. My question is -What are my rights concerning the design? I am making a sew in label for Pee Dee. Should I put on the label copyright by me? My design is based on the illustration. The illustrator is a recent high school graduate. Since he drew the panda is the design his? What are my rights if a company comes along and wants to mass produce?(not really expecting this but just in case). She would like Pee Dee by the first week in August for the book signing.

Judi Jul 24, 2008

Hi Nancy,  What a wonderful idea for the children... :clap:  :clap:  :clap:  :clap:

Gosh....I think this is a very shady area especially if the Pee Dee character is copyrighted. If the author created the character then it is his.  If I were you I would contact a lawyer.  It may save yourself many headaches.  I'd have everything in writing before starting.

Best of luck to you.

Marlys Jul 24, 2008

I think there's been a discussion of this sort of thing before. You might find it in the library under

Copyright/Trademark

. But if you want to speak directly with someone, I remember that Daphne, Karen and Shelli have had personal experience with similar situations.

Good luck on whatever you decide to do.

KJ Lyons Jul 24, 2008

Hmm,
There's a big difference between a sketch/drawing and a three dimensional sculpture. I would think it would be a collaboration. As a precaution you might want to copyright your design before presenting it. It cost very little and it gives you a firm footing if there is a dispute.
Karen

mingrul Jul 25, 2008

Hi nancy, I agree with karen because it was drawn by someone, but you conceptualized it into 3D, so it's really your rights. Just like the disney lilo. Someone draw it, but its not a pattern right? u thought and make it into 3D, so that i belive should be your right.

And yes, better consult a lawyer because they know the law best. Good luck and hope to see your work.....  :hug:

matilda Jul 28, 2008

Dont forget to tell us the outcome. We are waiting with our fingers cross for it to work in your favour.

Michelle Helen Jul 29, 2008

I'm with Judi on this one. Contact a lawyer to find out your rights.