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Fun fact/tip for anyone doing Alice in Wonderland. The model child that was referenced for the original illustrations of Alice was blonde, but her dress was actually yellow. Having her in blue was 100% a Disney thing, so putting anything colored with Alice in yellow might be a smart move.
ohh wow! I was about the comment a question regarding Alice in Wonderland as all versions are my favourite...that is good to know as an artist🤔 guess it's time to go down the "rabbit hole" of Wonderland research...pun intended🤭
Yes, this can be the case for several characters - the images may be in the public domain, but anyone looking to use them should still check if there are trademarks against the characters names
For Peter Pan, check out the copyright position in the UK. Great Ormond Street Hospital for children continues to benefit from Peter Pan copyright in certain circumstances, after it was gifted to them by the author JM Barrie, due to a special piece of legislation. The copyright that never grew up!
Can someone help me understand how Disney used previous works in the public domain; Alice in Wonderland, Peter Pan, The Little Mermaid, etc and transformed them to create new Trademarked works, but if we transform these, based on the public domain pieces, we'd be violating Disney's trademark.
Regarding The Wonderful Wizard of Oz, there are actually a total of 40 official Oz books, and 29 of those are currently in the public domain. L Frank Baum also wrote several books that take place in the same universe as Oz, including two that are about Santa Claus. All those stories and pictures are available. Plus, they do make fun reads.
This was one of the most useful Etsy videos ever. Last Christmas, I sold personalized Grinch cups and got into a little bit of trouble. Etsy didn't shut my store down but I had to stop selling them. Apparently, Amazon has a license to sell Dr. Seuss. A good topic for another video would be how you can legally sell copywritten characters. You have to get a license. I tried to research how Amazon got a license to sell the Grinch. I couldn't figure it out.
Unfortunately large entities like Dr. Seuss typically do not offer affordable licensing to small businesses. I do have a video about how to legally license with authors though! I license with several authors and sell merch for their books on Etsy. ruclips.net/video/estGxQj87QQ/видео.html
There are also lots of scammy or shady fly-by-night companies selling things on Amazon that they *don't* have a license for. Then if they get shut down they just start again under a different name. Just because it's on Amazon doesn't mean it's licensed.
Searching for info on Bride of Frankenstein, it appears that only the original poster for the movie is in the public domain. You may want to research this further to clarify.
The will likely be a case by case basis depending on what specific titles Disney holds copyright over. It would be best to research each individual book and current copyrights held based on the titles. As always, I'm not a legal expert so consulting with an IP attorney is always best (I recommend the site justanswer.com)
This is golden! Can I just use the name or title, or do I need to include the characters as well? Most of my designs are just text base. Don’t do much characters at all.
For anyone into horror. Winnie-the-Pooh Blood & Honey movies 1&2 are so strange and interesting. Have to be OK with gore though. Such a twist on the story. 😂
Thanks Starla! Great info as always! Question not related to this video. Can Erank tell you, when doing competitor research if they were or are using ads? For specific listings?
Generally speaking if the name is in the original work and you use that name, you are fine. Just don't fall for a trap like calling Frankenstein's Monster 'Frankenstein' as that is not what was in the original and may likely be copyrighted by a later adaption. One example listed in the comments is Pooh. Winnie the Pooh is copyrighted to Disney because the original book has 'Winnie-the-Pooh' as the spelling. Generally speaking, if you use the exact name in the original, you will be fine. If you mix it up somehow, double check someone else hasn't already done that. (realistically only people like Disney will give you a problem for this). Same with how they look. Match the source and you're good. Mix it up and you should probably double check (though honestly, in cases like Alice in Wonderland, I've seen a lot of blue themed dresses and outfits for her with no issue because she's still legally distinct from Disney's version)
So as long as the character doesn't ' look like a Disney Trademarked Character, we're good?! What if we designed our own version of Mickey Mouse or Winnie-The-Pooh , can we still use those names? Are we free to use the name of the character?
Names match copyright. If the character is in the public domain, their name is safe as long as the version of the character in the public domain has that name. Example: when Batman becomes public domain (soon) if his name 'Bruce Wayne' was not introduced until years later, you wouldn't be able to have his secret identity be Bruce Wayne, but you could use Batman.
Only an IP owner can report a listing for infringement and Etsy only acts when an infringement claim is made. It would be similar to making a police report. You can make one yourself but you can't have someone make a police report on your behalf.
Starla out of the subject, I have a question. My pod shop was having some sells of blankets until I added phone cases. Now the blankets stopped selling completely and only the phone cases are selling. I didn't change anything to my listing. Also I tried to add more items of other categories thinking I can boost their sells. But still only the phone case is selling. What am I supposed to do? Should I just keep adding phone case design and make the shop a phone case shop? Or should I keep adding blankets designs and pray that one day they can sell? My phone case profit margin is lower than the blankets so I want my blanket to be the main product.
There is no correlation between the sales of blankets stopping when phone cases are added, as this wouldn't have any impact on the algorithm. The more likely case is that you initially were benefitting from the boost Etsy gives to new listings. Theoretically, the listings with past sales should be ranking higher in search (no matter what the item is), thus allowing it to gain more exposure. But what you're likely seeing is a new boost from your most recently added listings (phone cases) just as the boost from your blankets is beginning to dwindle.
Note that 70 years is for the United States. Some countries are longer. Spain and Canada can be iffy for some things unless it's 75 or 80 years later, respectfully. en.wikipedia.org/wiki/List_of_copyright_terms_of_countries
![Megan Thee Stallion - Mamushi (Remix) [feat. TWICE] [Official Audio]](http://i.ytimg.com/vi/5c0_u9PsrsQ/mqdefault.jpg)
✅ 🟢 Want to attend the world's largest POD event? I'm HEADLING! Use coupon code AMPSTARLA to claim your 100% discount for Amplified 2024! Sign up with your access code here: printify.com/amplified/
Fun fact/tip for anyone doing Alice in Wonderland. The model child that was referenced for the original illustrations of Alice was blonde, but her dress was actually yellow. Having her in blue was 100% a Disney thing, so putting anything colored with Alice in yellow might be a smart move.
ohh wow! I was about the comment a question regarding Alice in Wonderland as all versions are my favourite...that is good to know as an artist🤔 guess it's time to go down the "rabbit hole" of Wonderland research...pun intended🤭
Just an add-on to Pooh. Public Domain: Winnie-the-Pooh. Disney Trademark: Winnie The Pooh. So make sure to include those dashes!
Yes, this can be the case for several characters - the images may be in the public domain, but anyone looking to use them should still check if there are trademarks against the characters names
@@MNSweet Thanks so much!
For Peter Pan, check out the copyright position in the UK. Great Ormond Street Hospital for children continues to benefit from Peter Pan copyright in certain circumstances, after it was gifted to them by the author JM Barrie, due to a special piece of legislation. The copyright that never grew up!
Hahahaha, thanks for sharing.
Can someone help me understand how Disney used previous works in the public domain; Alice in Wonderland, Peter Pan, The Little Mermaid, etc and transformed them to create new Trademarked works, but if we transform these, based on the public domain pieces, we'd be violating Disney's trademark.
Regarding The Wonderful Wizard of Oz, there are actually a total of 40 official Oz books, and 29 of those are currently in the public domain. L Frank Baum also wrote several books that take place in the same universe as Oz, including two that are about Santa Claus. All those stories and pictures are available. Plus, they do make fun reads.
This was one of the most useful Etsy videos ever. Last Christmas, I sold personalized Grinch cups and got into a little bit of trouble. Etsy didn't shut my store down but I had to stop selling them. Apparently, Amazon has a license to sell Dr. Seuss. A good topic for another video would be how you can legally sell copywritten characters. You have to get a license. I tried to research how Amazon got a license to sell the Grinch. I couldn't figure it out.
Unfortunately large entities like Dr. Seuss typically do not offer affordable licensing to small businesses. I do have a video about how to legally license with authors though! I license with several authors and sell merch for their books on Etsy. ruclips.net/video/estGxQj87QQ/видео.html
I think it's possible that the business selling the grinch merch on amazon might have the license, most likely not amazon themselves have the license.
There are also lots of scammy or shady fly-by-night companies selling things on Amazon that they *don't* have a license for. Then if they get shut down they just start again under a different name. Just because it's on Amazon doesn't mean it's licensed.
Thanks for the history lesson and the ideas!
Thanks so much for watching!!!
Great research! It's definitely helpful for classic, bookish niche artists.
Thank you for always looking out for us.
That's fascinating about Bambi.
This content is valuable! Keep up on sharing more public domain characters ❤
Thank you so much for this summary! :)
"Christmas around the corner." Being Aug 26th 2024 as of writing this, you're not wrong.
Thanks Starla! Brilliant as usual - super graphics!
As always, thanks for the info you share with us. This is always good to know about the specifics of the public domain vs IP.
Thank you Starla.
Thank you so much for this video I was literally trying to look up this exact topic earlier this week!! 💕
Searching for info on Bride of Frankenstein, it appears that only the original poster for the movie is in the public domain. You may want to research this further to clarify.
Thank you for sharing. What about our own recreation of a character? Or a mashup of a character?
This is interesting. Thank you Starla !
Amazing video as always!
This is awesome! Do you know if it’s ok to use the titles of the books in our title/tags/descriptions, or does Disney own the titles now?
Came here to ask same. Can we use the word Cinderella for princess-like items?
The will likely be a case by case basis depending on what specific titles Disney holds copyright over. It would be best to research each individual book and current copyrights held based on the titles. As always, I'm not a legal expert so consulting with an IP attorney is always best (I recommend the site justanswer.com)
This is golden!
Can I just use the name or title, or do I need to include the characters as well?
Most of my designs are just text base. Don’t do much characters at all.
For anyone into horror. Winnie-the-Pooh Blood & Honey movies 1&2 are so strange and interesting. Have to be OK with gore though. Such a twist on the story. 😂
Thanks Starla! Great info as always! Question not related to this video. Can Erank tell you, when doing competitor research if they were or are using ads? For specific listings?
Unfortunately no. This is not data available within the API due to privacy.
@@StarlaMoore Thank you for responding! ❤️
how would one label the products? if im making a little mermaid item wont it be flagged via etsy thinking im using the disney version?
Thank You, this is so useful!
You're welcome!
Really solid content.
Perfect Starla ❤
Awesome information as always 🎉 So the characters are public domain, but can we use the names, Cinderella, Bambi, Frankenstein etc... ?
Generally speaking if the name is in the original work and you use that name, you are fine. Just don't fall for a trap like calling Frankenstein's Monster 'Frankenstein' as that is not what was in the original and may likely be copyrighted by a later adaption. One example listed in the comments is Pooh. Winnie the Pooh is copyrighted to Disney because the original book has 'Winnie-the-Pooh' as the spelling. Generally speaking, if you use the exact name in the original, you will be fine. If you mix it up somehow, double check someone else hasn't already done that. (realistically only people like Disney will give you a problem for this). Same with how they look. Match the source and you're good. Mix it up and you should probably double check (though honestly, in cases like Alice in Wonderland, I've seen a lot of blue themed dresses and outfits for her with no issue because she's still legally distinct from Disney's version)
So as long as the character doesn't ' look like a Disney Trademarked Character, we're good?! What if we designed our own version of Mickey Mouse or Winnie-The-Pooh , can we still use those names? Are we free to use the name of the character?
Names match copyright. If the character is in the public domain, their name is safe as long as the version of the character in the public domain has that name. Example: when Batman becomes public domain (soon) if his name 'Bruce Wayne' was not introduced until years later, you wouldn't be able to have his secret identity be Bruce Wayne, but you could use Batman.
great info Thank you
Any idea of the status of the Soviet Union's version of the Winnie-the-Pooh cartoons? They're quite charming.
in 2041-2107, The Railway Series books will enter the public domain.
thanks
Nice...
What about the Struwwelpeter gang?
Arthur CONAN Doyle!
Will Etsy have a problem with listing titles that say "Sherlock Holmes" in them? Or any of these?
Only an IP owner can report a listing for infringement and Etsy only acts when an infringement claim is made. It would be similar to making a police report. You can make one yourself but you can't have someone make a police report on your behalf.
@@StarlaMoore thank you!
Starla out of the subject, I have a question. My pod shop was having some sells of blankets until I added phone cases. Now the blankets stopped selling completely and only the phone cases are selling. I didn't change anything to my listing. Also I tried to add more items of other categories thinking I can boost their sells. But still only the phone case is selling. What am I supposed to do? Should I just keep adding phone case design and make the shop a phone case shop? Or should I keep adding blankets designs and pray that one day they can sell? My phone case profit margin is lower than the blankets so I want my blanket to be the main product.
There is no correlation between the sales of blankets stopping when phone cases are added, as this wouldn't have any impact on the algorithm. The more likely case is that you initially were benefitting from the boost Etsy gives to new listings. Theoretically, the listings with past sales should be ranking higher in search (no matter what the item is), thus allowing it to gain more exposure. But what you're likely seeing is a new boost from your most recently added listings (phone cases) just as the boost from your blankets is beginning to dwindle.
@@StarlaMoore so do I have to advertise the old listing that stopped selling? I was thinking I could rank organically.
@2:50 !!❤❤❤
Omg every time anyone mentions these books I prepare to cringe...BUT YOU ACTUALLY tell the truth!🥰 luv you for it.
can we do famous athletes?
You cannot, unfortunately. Not without permission from the person or estate of the person.
@@StarlaMoore I see. Thank you so much!
Note that 70 years is for the United States. Some countries are longer. Spain and Canada can be iffy for some things unless it's 75 or 80 years later, respectfully. en.wikipedia.org/wiki/List_of_copyright_terms_of_countries
This is relevant for Etsy sellers that sell worldwide vs. only in the United States.
Thank you Starla