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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9879
Experience:  I have been practising for 30 years.
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I am a facepainter. I do face painting training and I'm

Resolved Question:

Hi,
I am a facepainter. I do face painting training and I'm trying to find out about copywright law regarding
1. Making outline stencils for characters i.e Superheros, disney characters etc... Tracing the basic shapes as a guide to make the stencil and then painting the rest of the detail freehand onto skin with washable face paint.
2. Selling the stencils at my workshops.
3. Making Stencils from freehand drawings of Disney Characters (so not tracing the outline) and selling them.
3. Also, the copywright for painting disney designs freehand on the public which is washable.
Many Thanks
Tracey Claes
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
Has someone already raised this as an issue for you or are you pre-empting that?
Customer: replied 1 year ago.
HI,
I am pre-empting it. I need to know where I stand with the Law if I do any of those things. Thanks
Expert:  F E Smith replied 1 year ago.
Thanks.Copyright lasts for 70 years after the death of the creator. Walt Disney created these figures and he died in 1966 so copyright doesn’t expire until the end of 2036, another 20 years. There may be other images created by others in the organisation for which the time period maybe longer.In copyright law you can rely on fair use. Typical free use includes news reporting educational use and incidental inclusion. Incidental inclusion is it for example you are photographing the high Street and you happen to capture McDonald’s logo in the photograph.The rules are actually quite specific. You can use the work if the copyright holders given you permission or its licensed or it is fair use or it’s out of copyright. None of those apply in your case.The short answer is that legally, you cannot use these images without the consent of the copyright holder. There are various organisations which licence works like this and the one that would probably look at this for you would be the Design and Artists Copyright Society .As regards ***** ***** there is probably very little chance that you would ever be taken to task over this but if you start to sell stencils you could face action from the copyright holder if they become aware of the fact.The fact that these may not be exact copies is not relevant provided the average man in the street look to what you had created and was of the opinion that it was the same character as the Disney character.In short, you need a copyright licence in respect of the works if you want to guarantee that you are not going to breach copyright.Can I clarify anything for you?Please don’t forget to rate the service positive. Rating is an important part of the process.Best wishesFES
Customer: replied 1 year ago.
Thanks for your advice, would you have a link to the Design and Artists Copyright Society.?
Expert:  F E Smith replied 1 year ago.
No problem. Here it is.https://www.dacs.org.uk/licensing-workseven if they can’t help, they can at least point you in the right direction because you may have to get in touch with the American organisation http://www.copyright.gov/
Customer: replied 1 year ago.
Thank You
Expert:  F E Smith replied 1 year ago.
No problem.Please dont forget to rate my answer. There is no cost for doing so.Best wishesFES
Customer: replied 1 year ago.
Thank you for your advice, I also have a different issue regarding tenants not paying rent, Is that something you can help me with or do I need to pay again? Thanks
Expert:  F E Smith replied 1 year ago.
I would be glad to help but as it is different subject you do need to post a new question. Request me and put my name on the question, For F E Smith and it will be dealt with by me. You need to rate this thread before moving on please. ThanksBest wishesFES
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** sorted it now.