Hi all. I really like the fact that we can all design watch faces it’s pretty awesome. I may not be as talented as other people but I have a quick question. Can I publish faces that have anything Disney on them? cartoons, etc? Even if they are royalty free?
A Disney character’s name or image can be used without a license if it is Fair Use. “Fair use” is a term that broadly refers to using the image in a limited manner that promotes freedom of expression. There is no set list of fair uses under the law, but the most common fair uses are parody, criticism, teaching, and transformative use. The degree of use is also considered. For example, use of a 15-second clip from a Disney movie as part of a critique of the movie might be fair use, but a one-hour clip used in the same manner probably would not be.
Watchfaces would fall under Transformative Use or Teaching.
Technically, unless you actually own the image, the answer is no, you cannot use the artwork, name, or logo of another person or business. You would risk having the image removed by Facer.
Many artists specify that their work is not to be copied or changed in any way. In my opinion, Facer would not be considered an.edu website. Even if it were, in my experience in a teaching environment, schools in the US are not even allowed to copy sheet music for music students - unless specified that it can be copied for educational use. Some of Disney’s very old images have expired copyrights. Anyone can use them unless the copyrights have been renewed. Your best answer will come from the owner of the copyright. They might give you permission.
After reading Section 107 of the Copyright Act, I learned the limits of fair use.
The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright (source: 17 USC Section 107).
As you can guess, fair use isn’t a black or white sort of thing. If you aren’t a lawyer with a very in-depth understanding of copyright law and online images copyrights, there can be a lot of confusion as to what is considered beneficial to the public. To help clarify things, four factors determine whether the use of an image is considered “fair”:
The purpose of use : educational, nonprofit, scholarly, reporting, reviewing, or research
The nature of use: fact-based or public content (courts are usually more protective of creative works)
The amount and substantiality used: using only a small piece of the image, using only a small thumbnail/low-resolution version of the image
The market effect: you could not have purchased or licensed the copyrighted work
If you need Any help with watchfaces, feel free to contact me Watchfaces By A.D
Yes I also read the same thing online. However like you have written here its pretty broad too. I am still a bit lost and I do want to do the right thing here of course, I don’t want to get sued! But I see a bunch of faces that are using cartoons, video games characters, Lego and also Disney licensed products like Star Wars and Marvel. I want to believe that it is possible to publish a watch face which we are not being paid to produce.
Maybe I am wrong and I have been saving some faces I have been doing but using personally because of this fear I have.
It is that easy, and if watchfaces have been taken down, appeals could be easily won citing Fair Use.
the status of a transformative work seems to be defined by two questions:
Has the material taken from the original work been transformed by adding new expression or meaning?
Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
In creating watchfaces. We are adding new aesthetics, and we are “transforming” images
One of the most important questions in applying the fair use doctrine is whether the alleged infringer’s use of the copyrighted work was transformative. This means that the new work has significantly changed the appearance or nature of the copyrighted work.
If this were the case, would all the images need to be altered in some way to fit this fair use doctrine? Just curious of course. I have been slowly creating originals of course but sometimes its nice to add other type of images.
This may not directly answer the question, but my opinion in this matter. Firstly, read Facer - Thousands of FREE watch faces for Apple Watch, Samsung Gear S3, Huawei Watch, and more. Using copyright material might not get you into trouble initially, but if the owner of the copyright material issues a takedown request, it will be removed. If you’re planning on progressing to Partner Creator status on Facer, one strike is enough to exclude you. Even if these are not your objectives, why bother copying other people’s work? Have you ever created something, only to have someone else use it without acknowledgement? Be creative, be original, and do something new. It’s not that hard. If you want to be a copycat, well, there are possibly billions of those out there, join the queue and good luck to you.
Here’s the deal. You CAN use disney characters if youre teaching someone how to draw for example, but you CAN’T use it on a watch for sale or free, AND you can’t claim it as your own.
So, if you’re going to your family’s disney themed party and wanna wear the mickey mouse face you made, cool, you can do that. But you can’t claim you designed mickey and you cant distribute it to anyone else.
So the answer is here from Facer…
" Notification of Copyright and/or trademark Infringement:
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It is Little Labs’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Little Labs will respond expeditiously to claims of copyright infringement committed using the Little Labs website (the “ Site ”) that are reported to Little Labs’ Designated Copyright Agent, identified in the sample notice below. Little Labs will also respond expeditiously to claims of trademark infringement in the same manner.
If you are a copyright and/or trademark owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright and/or trademark, please report alleged copyright and/or trademark infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Little Labs’ Designated Copyright Agent (contact information below). Upon receipt of the Notice as described below, Little Labs will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material at the Site."