Savannah International Animation Festival Presentation 2012

1. PROTECT
YOUR CHARACTERS!
Essential Law for
Animators
Deborah Gonzalez, Esq.

2. DISCLAIMER
This presentation is for educational purposes
only and does not constitute legal advice. It is
recommended that you seek legal counsel for
specific matters.
All copyrights and trademarks of images belong
to their respective IP owners and are used under
Fair Use for educational purposes.

3. Story Board
Cartoon Laws Copyrights Trademarks
Online International Q&A/End

4. Introduction
• Who am I?
• Who is in the room?
• Why is law important
for animators?

5. Cartoon Laws
• Any body suspended in space will remain in space
until made aware of its situation.
• Any body in motion will tend to remain in motion
until solid matter intervenes suddenly.
• Everything falls faster than an anvil.
• Holes are moveable.
http://blog.macmanltd.com/2011/07/13/cartoon-laws-of-physics/

6. Copyrights
What is copyright?
Copyright is a form of protection grounded in the U.S.
Constitution and granted by law for original works of
authorship fixed in a tangible medium of expression.
Copyright covers both published and unpublished
works.
US Copyright Office: Circular 44 Cartoons and Comic
Strips http://www.copyright.gov/circs/circ44.pdf

7. Copyrights
Bundle of Rights
Right to Reproduce the Work: the right to copy, imitate,
reproduce, duplicate or transcribe the work in fixed form.
Right to Derivative Works: the right to modify the work
to create a new work. A new work that is based upon an
existing work is a "derivative work".
Right to Distribution: the right to distribute the work to
the public by sale, rental, lease or lending.

8. Copyrights
Bundle of Rights (cont).
Public Display Right: the right to show a copy of the work
directly to the public (e.g., hanging up a copy of a
painting in a public place) or by means of a website, film,
slide, or television image at a public place or to transmit
it to the public.
Public Performance Right: This is the right to recite, play,
dance, act or show the work at a public place or to
transmit it to the public.

9. Copyrights
What does copyright protect?
Copyright, a form of intellectual property law, protects
original works of authorship including literary,
dramatic, musical, and artistic works, such as poetry,
novels, movies, songs, computer software, and
architecture. Copyright does not protect facts, ideas,
systems, or methods of operation, although it may
protect the way these things are expressed.

10. Copyrights
When is my work protected?
Your work is under copyright protection the moment it is
created and fixed in a tangible form that it is perceptible
either directly or with the aid of a machine or device.
Do I have to register with to be protected?
No. In general, registration is voluntary. Copyright exists
from the moment the work is created. You will have to
register, however, if you wish to bring a lawsuit for
infringement of a U.S. work.

11. Copyrights
What happens if someone infringes me?
• Document the incident – research for all the facts
and data
• Make sure your copyright is registered
• Consult an attorney
• Send a Cease and Desist Letter
• If the item is online send a DMCA Take Down Notice
• Weigh the pros and cons of pursuing
litigation/arbitration

12. Copyrights
Protection in Other Countries?
• International Treaties and Agreements
– WIPO – World Intellectual Property Organization
• Copyright Offices in Other Countries
• EU Commission
– http://ec.europa.eu/internal_market/copyright/index
_en.htm
• Madrid Protocol
• United Nations Educational, Scientific & Cultural
Organization (UNESCO)

13. Copyrights
• Portfolio Drawings vs Selling
• Public Domain/Fair Use
• Appropriation/First Sale Doctrine
• First Amendment/Censorship
• Work Made for Hire/Contracts/Licensing

14. Copyrights
Jayme Gordon v Dreamworks Animation
(Massachusetts, Feb., 2011)

15. Copyrights
From Shakespeare to Shakesgnome

16. Copyrights
Brownmark Films v Viacom & Comedy Central
(Nov, 2010) over
“What What in the Butt” viral video (parody)

17. Trademarks
• Words or symbols used to identify a source in
commerce.
• In today’s world related to branding.
• Infringement occurs if and when customers are
confused between the two marks because they are
too similar.

18. Trademarks
• Difference between ™ and ®
• Dilution or diminution of value of trademark
• Facebook vs. Lamebook (settled/disclaimer)
• Trademarks help in Social Media – for domain
names, social media accounts, etc.
• XXX. Domain – Cybersquatting
• Twitter account policy – Twitter now owns Tweet®
• SEO – Keyword Ads

19. Trademarks
http://www.forbes.com/sites/deborahsweeney/2011/09/01/when-cartoons-
get-copied-5-characters-that-have-faced-trademark-infringement/

20. Trademarks

21. Trademarks

22. Online & Beyond
• Marketing
• Exposure/Awareness/Advocacy
• Crowdsourcing
• Venue
– Contracts
– Social Media Platform Terms of Use
• Cartoon Network #3 – THEY OWN YOUR CONTENT!!!!
– Rules/Etiquette
• Liabilities
– Defamation

23. Online & Beyond
• Licensing
• Merchandising
• Festivals
• Direct Sales

24. International
• Different Countries/Different Laws – Country
Embassies/General Consuls/Cultural Attaches
– UK: http://www.own-it.org/
• Always put a copyright/trademark notice on
anything you post
• Put language that you own your rights and will
enforce them
• Digital Signatures for Intl Contracts
• E-transactions (currency exchange)
• Jurisdiction when an infringement occurs
• Language

25. Q&A
The Law Office of Deborah
Gonzalez, Esq., LLC
706-614-9915
dgartlaw@att.net
www.dgonzalezesq.com