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Creating Tintin fan works

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Danagasta
Member
#11 · Posted: 11 Jul 2005 16:32
I think they'd have issues with anyone, but especially an American, doing something like this as is. I live a bit too far away to have to deal with them now anyhow, so I'll let it sit on the back burner.

Courtney
jock123
Moderator
#12 · Posted: 11 Jul 2005 17:07 · Edited by: jock123
jockosjungle
I have a good idea for a JZ&J fanwork but wouldn't want to fall foul of MS

If you have such a hot idea, why not create your own characters, and do it yourself? That way, you get all the credit!

Danagasta
I think they'd have issues with anyone, but especially an American, doing something like this as is.

I don’t think they’d give two hoots about your nationality, to be honest - I think they’d act against a European and an American in exactly the same way. And as has been said many times before, they are legally obliged to act if there is an infringement of the copyright law…
Danagasta
Member
#13 · Posted: 11 Jul 2005 17:37
jock123
I don’t think they’d give two hoots about your nationality, to be honest - I think they’d act against a European and an American in exactly the same way.
I got confused there---generally we use nationality and heritage to mean the same thing, so my nationality is Cherokee, Irish and Melungeon, but my citizenship is definitely American. I don't know how they would take to the idea of a Native writing something like that, as I don't know how they see us over there. To be honest,I doubt I'll even hae the time to really get going on the autobio because of my reporting job. I'm online quite a lot doing research for it, and that's how I always end up here ^_^ Two browser windows!
Courtney
jock123
Moderator
#14 · Posted: 11 Jul 2005 19:49
Danagasta
I don't know how they would take to the idea of a Native writing something like that
All I meant was that they are nationally agnostic - they’ll be happy to sue you, whatever your background.
marsbar
Moderator
#15 · Posted: 12 Jul 2005 00:58
Danagasta wrote: I tried to get through to Moulinsart to ask about my Skut autobio setup, but they make it nearly impossible to find an Email address

Moulinsart's email address is:
info[at]tintin[dot]com
Aldora
Member
#16 · Posted: 10 Oct 2005 23:41
I know, this thread kinda died a while back... but I was told that if a character is copyrighted, then you can still draw him/her, in a different position than that of the original work, and if you plan to make no money off it.

I know of two sites (whose names shall remain ononimous because the moderators would most likely block it anyways, and I don't wanna rad out fellow fanartists), whom draw their own Tintin art. not comics or anything, just cutsie pictures of him. Is that ilegal?
tybaltstone
Member
#17 · Posted: 11 Oct 2005 01:12 · Edited by: tybaltstone
Illegal seems a strong word, but I suppose that's the general direction you'd be headed by drawing Tintin. But it's not so straight forward. If you draw Tintin for yourself and put him on your wall: no problem. If you draw Tintin and sell the drawing: problem... you're making money out of Moulinsart's commercial property, and misrepresenting the true Tintin as created by Hergé.

If you do 'fan art' and put him on a website, with no intention of making money, what's the problem? Well, the internet has an international audience of millions, potentially, and websites are sort of promotional whether for an individual, a group, an idea or whatever. Many sites run advertising. If Tintin attracts people to the site, then he, and his graphical representation, as dreamed up by Hergé, are being used, or, as Moulinsart would see it, misused.

You might, and probably do, have the very best of intentions. Tintin has inspired you and wouldn't dream of hurting Hergé's ideals. But Moulinsart have a difficult job. Where do they draw the line (excuse unintentional pun)? They have to make a rule and stick to it.

Some companies are more lax than others and might see fan art or fiction as healthy, or even a business opportunity. Others have been stung badly in the past and exert a tighter control over their rights. You *might* protect yourself to some degree by publishing notices stating that this is just fan work, not-for-profit, who the copyright holders are, and many links to the official site and its merchandising shops.
Aldora
Member
#18 · Posted: 12 Oct 2005 00:34
So if I made it perfectly clear that the character is not mine, gave links to other sites such as tintin.com, and informed all persons veiwing that I was making absolutely no money out of the picture, I wouldn't get hunted down with pitchforks and torches by Moulinstart? Is that what you're saying...?

I was never intending to sell any of my drawings of him, I wasn't intending to sell any of my drawings at all ;)



If you do 'fan art' and put him on a website, with no intention of making money, what's the problem?

That's what I origanally thought, but when you explained the amount of people veiwing, it did make it quite complex. It's just that I've veiwed some sights with fanart and they're still running and all that, so I'm kind of confused.

Thanks alot tybaltstone, you've made alot of things clearer for me. :)
jock123
Moderator
#19 · Posted: 12 Oct 2005 10:00 · Edited by: jock123
Aldora
So if I made it perfectly clear that the character is not mine, gave links to other sites such as tintin.com…

No, there is no guarantee that the holders of the copyright would not order you to cease and desist, or even sue you - it is their right to protect their property. It is unfair to portray someone just doing their job as using “pitchforks and torches”… (I realise that you are being witty, but still…).

At the risk of sounding like a broken record, the owner of a copyright must be seen to be protecting their property against misuse, or they can lose the right to that property. Imagine if you will that you have nice garden; gradually children start to play in it, but it’s a big garden and you don’t really mind. Over time, people start to have picnics there, but they aren’t a nuisance particularly so you let it happen. Then a hot-dog van rolls in, followed by peanut vendors and ice-cream vans.

“Hold on a minute!” you say; “that’s my garden!! Get out!!” But the police look at it and say,“Sorry, you’ve let your garden be used as a public park for so long, that you can’t really go back now and say it isn’t!” And you lose your garden…

That’s what it’s like with copyright - once you’ve lost it, it’s hard to go back.

But look at it this way: as long as the Fondation are funded by the protection of that copyright, the better they will be able to curate the archive, establish the museum, undertake the travelling exhibitions etc., making even more things available to us fans - which is surely a good thing…?
tybaltstone
Member
#20 · Posted: 12 Oct 2005 10:43
Yes, I'd just like to make it clear that I didn't mean you might protect yourself with copyright notices and links in any legal way. I was just pointing out that some companies are more lax towards fan-sites, and your own awareness of their copyright will do you more good than harm, but that won't stop an intellectual property rights holder exerting their copyright control.

Tintin was built up over many years, and has become an international icon who represents certain ideals - stylistically and graphically as well as what the character represents in terms of character/story - a kind of clean and moral adventure. Tintin radiates quality - quite a rare thing really - and all this means that there is a lot of good work that can be misrepresented. It is right that Moulinsart should protect that.

Personally, I'm not too keen on Tintin being exploited for commercial purposes, and that includes by Moulinsart (but I think they mainly do a good job - still no Tintin potties yet!) but I am more interested in Hergé's legacy and creation being protected as he wished it.

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