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Thread: Simple pair of Enchanted Doll shoes, progress- First Pair!

  1. #71
    Join Date
    Dec 2015
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    Seattle
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    598
    Quote Originally Posted by Caracal View Post
    I really like the blue shoes! Cuties

    But You all must think I am a party pooper for what I am going to say; I have been wondering this many times about clothes, wigs and shoes -it is ok to copy exactly some shoes some artist has created and make money with that, but if somebody makes a copy of a doll/doll parts for her/his own use, hell gets loose and that person is evacueted from doll forums. I am not blaiming anyone or accusing anyone, I am only wondering why it is so? Dolls/doll parts are far more appreciated than any other thing connected to this hobby, although all the other items are also designed and created by someone. (Some of You might know that I am a dressmaker for dolls and that is why this issue has been on my mind for years. And it is the same thing in human clothes, design can be copied and everyone thinks it's ok.)
    I've thought about this before too.

    It's true that many doll artists and even companies copy fashion designs all the time. There is something different I think between being inspired by a fashion design, or even trying to make a miniature model of it (which does require a LOT of design changes), and straight up recasting someone's sculpture, regardless if the sculpture is a doll's face or a shoe. Recasting is really horrible- it is straight up theft and ALWAYS WRONG regardless of whether the recaster is casting a doll's face or a shoe.

    Creating your own shoe that happens to look similar to another design? That is harder to say. Maybe the difference is that shoes, much like fashion, are almost always inspired by and/or copied from prior designs? After all, Marina's slippers appear to be inspired by real rococo slippers, and her accessories are also often inspired by other artists (ie Camilla D'Errico's helmet girls). Plus doll artists have been making cast precious metal slippers for their porcelain dolls for ages prior to Marina (she is just the most famous and successful). So maybe that's it. Shoes are more like fashions, which by their very nature, can't really be proprietary?

  2. #72
    Join Date
    Jan 2012
    Location
    Oklahoma City, Oklahoma
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    257
    The US Supreme Court ruling on Useful Articles from : https://www.copyright.gov/register/va-useful.html
    USEFUL ARTICLES

    "A “useful article” is an object having an intrinsic utilitar¡an function that is not merely to portray the appearance of the article or to convey information. Examples are clothing, (my emphasis) furniture, machinery, dinnerware, and lighting fixtures. An article that is normally part of a useful article may itself be a useful article, for example, an ornamental wheel cover on a vehicle.

    Copyright does not protect the mechanical or utilitarian aspects of such works of craftsmanship. It may, however, protect any pictorial, graphic, or sculptural authorship that can be identified separately from the utilitarian aspects of an object. Thus, a useful article may have both copyrightable and uncopyrightable features. For example, a carving on the back of a chair or a floral relief design on silver flatware could be protected by copyright, but the design of the chair or flatware itself could not."

    Basically clothing is not copyrightable because clothing is a 'useful' article. I believe that is why Famous designers (like Louis Vuitton etc) have their logos all over their fashions and accessories.
    So the question is, is doll clothing 'clothing' as defined as a 'useful article' or something else? And I think it will take a lawyer or a judge to answer that.

  3. #73
    Join Date
    Mar 2010
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    If they judge doll clothing like they judge doll boobs I can already tell you the answer!!! haha the net seems terrified by these tiny ED boobies!
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  4. #74
    Join Date
    Dec 2015
    Location
    Seattle
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    598
    Quote Originally Posted by nenethomas View Post
    The US Supreme Court ruling on Useful Articles from : https://www.copyright.gov/register/va-useful.html
    USEFUL ARTICLES

    "A “useful article” is an object having an intrinsic utilitar¡an function that is not merely to portray the appearance of the article or to convey information. Examples are clothing, (my emphasis) furniture, machinery, dinnerware, and lighting fixtures. An article that is normally part of a useful article may itself be a useful article, for example, an ornamental wheel cover on a vehicle.

    Copyright does not protect the mechanical or utilitarian aspects of such works of craftsmanship. It may, however, protect any pictorial, graphic, or sculptural authorship that can be identified separately from the utilitarian aspects of an object. Thus, a useful article may have both copyrightable and uncopyrightable features. For example, a carving on the back of a chair or a floral relief design on silver flatware could be protected by copyright, but the design of the chair or flatware itself could not."

    Basically clothing is not copyrightable because clothing is a 'useful' article. I believe that is why Famous designers (like Louis Vuitton etc) have their logos all over their fashions and accessories.
    So the question is, is doll clothing 'clothing' as defined as a 'useful article' or something else? And I think it will take a lawyer or a judge to answer that.
    Well a sculpted doll shoe is more like jewelry than a useful article though, right?

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