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A Discussion of Copyrights (Update)
10 years ago
After doing more research, I have determined my character and this fursuit of my character, Vitai Slade, are copyrighted. See Harrison-Erickson, Inc. v. Chicago Bulls Ltd.. P'ship, 1991 Copr. L. Dec. P 26711 (S.D.N.Y. 1991).
The author of the protected work holds the ownership of the copyright. 17 U.S.C. Chap. 2 § 201 (Copyright in a work protected under this title vests initially in the author).
However, because I hired Scribblefox to do the work, I am the author of the suit. 17 U.S.C. Chap. 2 § 202(b). (In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright).
There were no agreements made in writing and signed by me involving the distribution or transfer of copyright in my character or of the suit, and as such, I still hold initial ownership of the copyright discussed above. 17 U.S.C. Chap. 2 § 204.
SHOUTOUT TO
DATCH FOR ALL OF THE HELP!
The author of the protected work holds the ownership of the copyright. 17 U.S.C. Chap. 2 § 201 (Copyright in a work protected under this title vests initially in the author).
However, because I hired Scribblefox to do the work, I am the author of the suit. 17 U.S.C. Chap. 2 § 202(b). (In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright).
There were no agreements made in writing and signed by me involving the distribution or transfer of copyright in my character or of the suit, and as such, I still hold initial ownership of the copyright discussed above. 17 U.S.C. Chap. 2 § 204.
SHOUTOUT TO
DATCH FOR ALL OF THE HELP!
That said - have you actually filed US copyright paperwork? Better to do that sooner than later. It only gets tougher to prove the longer you wait, and you DO want this protection, just in case.
However, if you took the photo of the suit, a transformative work, then I'd say you have copyright over that photo and can use it and manipulated it as you like. There is also a issue of trademark which I think you would win based on you being the one actively using a brand (your character) to promote goods and services. Scribblefox might be able to prevent someone making the exact same fursuit (if he wished to), but that doesn't give rights over anything involving that work.
The issue of how copyright applies to clothes is hugely complex and tends to focus on separability of the features from the utilitarian object to identify some piece that has artistic merit. There's also design patents; and the pattern of fur might be copyrighted; and you might have trademark rights in the character separate of that, etc.
Scribblefox does not have the rights to Vitai Slade. Vitai granted Scribblefox an implied, non-exclusive, revocable license to exercise the right to use his Vitai Slade in a permitted fashion (i.e. create a fursuit of him). The purpose of an implied license is to allow the licensee some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement.
The recipient of a non-exclusive license may exercise the right or rights licensed, but MAY NOT:
(1) authorize others to exercise the right or rights licensed via transfer or license without permission of the copyright owner; or
(2) sue for copyright infringement of the licensed right(s).