Originally Posted by Doug
when decopac sells the kit IT is restricted -- there is a card included that shows exactly how the cake must be done to be an approved design. don't follow it and they find out, they can sue.
FSD applies to the PAN, not the cake. Disney has and does restrict use of the product created with the pan (just like the flea spray I nuked the yard with yesterday clearly states for "home use only" and that commercial use is a punishable violation) Disney has clearly said for HOME use -- aka NONcommercial use -- only. Selling is commercial. Making for your own child is not.
avatar-- this falls under another area of copyright -- that if the creator does not pursue or allows use of it in a general manner for personal use without protesting, the user is in the clear -- but it has to be a NONcommercial use. This is the same thing that allows you to draw Mickey all you want for yourself and Disney can't say a thing. It's personal, private, NONcommercial. This is what allows you to make a Mickey Mouse Clubhouse Cake for YOUR own child -- it's personal, it's private, it's NONcommerical and Disney can NOT say a thing. This site is NONcommercial (even tho' littered with ads...ggrrrrrr) and the use of the avatar amounts to me wearing a t-shirt
in fact Disney, Davies, Watterson, et. al have an intrinsic interest in seeing us use the avatars -- it's free advertising.
(ever considered that? -- We PAY Disney, etc. to buy their clothes to wear so we can be their advertising!)
finally -- well, I've reached "that" point.
the point where my mom used to say to me:
"Fine, go play in the traffic. Just don't come crying to me when you get hurt."
I have to say your explanation on why you say you're free to use Calvin as your personal avatar is quite interesting.avatar-- this falls under another area of copyright -- that if the creator does not pursue or allows use of it in a general manner for personal use without protesting, the user is in the clear -- but it has to be a NONcommercial use.
I highly doubt Watterson would have an intrinsic interest in seeing anyone use his images as an avatar online. I also disagree he'd be happy to see the image and think 'hey, great, free advertising'. Watterson was against that type of thing. He did not want his characters being displayed anywhere but his comic strips. He was also against his images being made & sold as clothing, toys, or whatever else. There was a scant few items made with his images with those being special causes. Fighting over that very thing with Universal Syn amongst others, is why Watterson decided to pack the strip in.
A FAQ you might find interesting.
Can't I scan an image and put it online?
If you are not the original creator or copyright owner of the image, you cannot legally redistribute that image. Scanning an image and placing it online is redistribution and it is a breach of copyright.
This includes images found in magazines, books, newspapers, greeting cards, calendars, catalogs, CD covers, brochures, etc.
Major companies such as Disney, Hallmark, Warner Brothers, etc., have very strict regulations about the redistribution of their property.
You cannot legally scan and redistribute photographs, cartoons, illustrations, drawings, etc., if they are protected by copyright.
You cannot legally create a "fan site" using copyrighted photographs without the expressed permission of the photographer or copyright owner.
You cannot "freeze" an image from a television program, movie, or film for redistribution. The television program, movie, or film is protected by copyright as a complete entity and as individual frames.
It is prudent to assume that everything that is published has a restricted copyright. Check the source of the image you want to scan for its copyright restrictions
From the R I G H T S website..