Muppet Whatnot Copyright Issue

[Alex Sadler]

Hello everyone, I am looking to produce a promotional film, and in the film, I wish to use a muppet whatnot, from FAO Schwarz.

I was just wondering is this legally allowed? Because it is a muppet, is it copyrighted, and therefore am I allowed to use it? However it is a whatnot created by me, so I'm not sure who owns the rights to it.

Thank you for all of your answers.

 

[muppetperson]

Generally, they are allowed for personal and fan use,such as making clips for youtube.However,it would start coming under legal question if you were to use the puppet professionally and make money from it.Although you "made" the puppet, it is actually made assembling already made Muppet characterised base and parts.

 

[mupcollector1]

I think in terms of that, it's probably not legal to make a film for profit or distribution. If you were going to use a camera and hook up the AV cables to a TV with a high standing tripod looking upword in terms of practicing and learning the skill of the art of television and film puppetry, it shouldn't be a problem if not recorded. Though from what I learned in terms of copyright is that every company is different so try to get in contact with the Disney legal department. Phone is usually best and the fastest way to get an answer because sometimes people in general don't check their email but phone's are more person. Remember, it's always okay to ask questions and permission first and to make sure. Copyright laws are very simple and set in stone but who determans fair use is usually the copyright owners themselves.

Also I think those whatnots are more for collecting merchandise, but yeah I would contact the legal department of Disney if I were you. You can't get in trouble for asking a question. Hope this helps. I had to edit lots of my past puppet videos myself that I made in high school recently and I had to do a ton of calls asking permission for anything. For example stock photos and sound effects can be a subject of copyright, I know now. lol

 

[Chruppets]

Alex (or anyone else) I am curious if this question got answered by Disney. I know a lot of people use Whatnots on YouTube videos and call it 'fair use,' but I don't want to foredoom myself by using a Whatnot on mine and then having to refuse someone offering me hordes of cash to make a DVD.

(Could totally happen, right?)

 

[mupcollector1]

I'm sure it's okay if it's video taping for educational puppetry practice purposes for yourself or to show some friends, but in terms of distribution I think it's quite tricky. If your reviewing the whatnot in a review format, it's fair use under copyright law but for entertainment non-profit distribution, I don't think it's possible.

 

[Chruppets]

Awwwww MAN!

Seriously, thanks for the reply. I saw a comment elsewhere online where someone was like "they sold you the pieces and the result is your custom thing so it's all yours" and that somehow seemed... unlikely.

 

[Drtooth]

I dunno.... they seem to use Whatnots on television shows, and I don't think they even mention a copyright in passing. They used on on 30 Rock, quite obviously.

 

[Bear Man]

The 30 Rock puppets were built specifically for the show, and while they were in the style of (and performed by) Henson/Sesame Street alumni, they weren't specifically Whatnots and so did not need any copyright reference.

 

[mupcollector1]

The 30 Rock puppets were built specifically for the show, and while they were in the style of (and performed by) Henson/Sesame Street alumni, they weren't specifically Whatnots and so did not need any copyright reference.

But didn't they use the Sesame Street Anything Muppets for that?

 

[Drtooth]

The 30 Rock puppets were built specifically for the show, and while they were in the style of (and performed by) Henson/Sesame Street alumni, they weren't specifically Whatnots and so did not need any copyright reference.

No. Not those ones. I'm talking about the episode where Kennith runs by an HD camera and turns into a Muppet