Asda New outragous policy

j_davies

marleyboy wrote:

but surely there has to be some limitations, I could easily argue that the image is from a clipart disk that is Royalty free. meaning its public domain.

You could but then you would be encroaching on the very grey area of public communications act because its on display and you havent exclusively/directly/indirectly paid for the material being used.

http://www.astrum-ip.com/patents.php You want to contact Gill Whitfield.

http://en.wikipedia.org/wiki/Copyright

http://en.wikipedia.org/wiki/Patent

furrypolka

If the image is copyrighted, then any likeness cannot be used unfortunately, I know it seems petty but they would be basing this on genuine legislation so I can see their point.

marleyboy

Al_Mac wrote:

If it was clip art, it wouldn't be Dora!

As an artist, if you made a picture and suddenly it appeared on ASDA's birthday cakes, would you think that was fair. I doubt it.

Id be kinda buzzin off it, personally, but fair enough and well said

kuohu

I'm sure that Asda are correct in strictly legal terms... but what happened to a bit of good old common sense and flexibility? At times it seems like the world has gone mad.

I've never heard of Dora the Explorer, I'm afraid; it's a bit of a different world to mine. But I bet if you emailed the creator they would be horrified at a story like this.

marleyboy

Since it was brought up, ive noted now that ASDA have put a notice up at the cake dept preaching copyright policies, yet i still think it is more of a case of them wanting people to buy their characters for the cake, likewise prior to me doing the design, i'd never heard of Dora the Explorer, I guess its because its not for us adults.

morganb

Let someone try to sue you (or Asda) over it - by the time they get to you any evidence would have been eaten! Let's see anyone prove anything (but remember not to take any photos of the cake just in case...)

marleyboy

cheers, but all evidence has been well n truly eaten up, needless to say the cake was done at one of their main rivals, who were more than happy to do it for us and even complimented on the design.

badmumof1

tesco have the same policy too

if you had have drawn the piccy of dora slightly different then took a piccy of the real dora to show its not dora,they would have printed the slightly different piccy on the cake

marleyboy

I think the guy at Tesco, didnt know who Dora was either, he did it without any problems

Nicki

I am stunned as a professional graphic designer that you have no understanding at all of the law of copyright - or are you being deliberately provactive with your arguments to stimulate a debate. If you are genuinely so ill informed please take some time to read up on the law so that you neither leave yourself open to a claim in your work or get ripped off by a competitor and can't protect yourself