Expert: Shasta McLaughlin - 5/25/2009

Question
Dear Shasta, My question is similar to the last reply you provided. I want to introduce an image on the web which is a derivative cartoon work of Betty Boop, but I'm unsure if she is in a public domain category. According to Wikipedia  a company does own the copyright, and partially bears the name of her creator. The question is, How do these companies/people/various online designers who create Myspace graphics get away with using these famous toons? There are even sex cartoons that bear these images, and I find it difficult to believe companies that trademark these images are providing licenses to manipulate such works in this manner (I could be wrong of course). So, even if it's a famous toon from the 30's, 40's, etc., you feel it's still safer to contact the co. before using the image as a derivative work? I will wait for your reply. Thank you.

William

PS: I would attach an image to further my point, but I feel you understand what I am saying....

Answer
William,

To sort of answer your question after the fact.

A copyright is a strange creature and can be sold, transferred and possibly handed down for generations.  They can also be used by a big company which can be sold, transferred or handed down for generations.  In my opinion yes it is always better to ask the copyright owner for a license to use the copyrighted piece.

I am glad to see that you found the information you were looking for and sorry to see that it won't work for you.

I wanted to include the link you gave in this reply for others to see:

http://www.bettyboop.com/termsofuse.html

Thank you for the information,


Shasta