Oscar the Grouch

[MIKEB97]

Hi,

I have intentions to build the Oscar the Grouch. I have two questions. What materials do I need to build the Grouch? Can I get in trouble if I build him and other Sesame Street Muppets?

 

[fragglerockr]

Mike,

For the puppet you will need certain materials that you use to build most basic puppets:

Razor blades or electric carving knife (for foam)
Foam for the head
Glue (Hot glue & Contact Cement)
Scissors
felt or fabric to cover the mouth
foamboard or sentra for the mouth
scraps of fabric for pupils and tongue

Other more specific items would probably be:
large spheres for eyes
green shaggy fur (this will be tricky as Oscar's fur is somewhat rare...you might have to buy the fabric and dye the fur green yourself)
scrap of shaggy brown fur for eyebrows

You might consider actually trying to build your own characters first. Trying to replicate other Muppet characters is not as easy as you would think. Even the simple ones...

That said, copying someone else's intellectual property is illegal. So to answer your question in short, yes, you technically could get in trouble. However, it is highly unlikely that the FBI will come knocking on you door for your fan-made Oscar Puppet unless you start selling them and cutting into the CTW/Sesame Workshop's Company profits. Or trying to pass it off as the 'real deal' and do things the company may object to. (i.e. cussing with the character, inappopriate behaviors, drinking, smoking, with the character, etc.) you get the idea...

Hope that helps!

Fragglerockr

 

[Fozzie Bear]

You won't necessarily get in trouble for copying someone else's work unless you try to sell it as your OWN. That's why people have copyrights is to keep others form copying it and putting their name on it.

There's also a legality that many can escape by using which is something to the effect of 'fair likeness,' in which case Mickey Mouse looked exactly like Walt's Oswald the Lucky Rabbit, except by the ears being shorter and rounder.

He/she'll be safe making an Oscar as long as they don't try to go on TV or anything and SAY it's Oscar or that they work for JHC or SW.

 

[fragglerockr]

Fozz,

I know...I was just answering his question. It's kinda like copying tapes or cd's. that's not legal either but everyone does it.



Btw, why would Disney sue himself for copyright infringement on two of his own characters?

Fragglerockr

 

[scarecroe]

Originally posted by fragglerockr
It's kinda like copying tapes or cd's. that's not legal either but everyone does it.

Copying tapes and CDs is perfectly legal so long as your intention is only as a backup for yourself. I would imagine it would be fine to make an Oscar puppet for your own enjoyment so long as you didn't try to sell it or use it in a production off of which you were making money.

 

[Fozzie Bear]

Originally posted by fragglerockr
Btw, why would Disney sue himself for copyright infringement on two of his own characters?

It was an example of that 'fair likeness' deal, because he never owned Oswald, I think that was Universal?

http://www.toonopedia.com/oswald.htm

 

[fragglerockr]

Fozz,

Ahhhh...I gotcha'. I wasn't on the same page for a second. Funny how that ended though!


Fragglerockr

 

[fragglerockr]

Originally posted by scarecroe
Copying tapes and CDs is perfectly legal so long as your intention is only as a backup for yourself.

Yes, but I was talking about making multiple copies of cd's either for trade or for public performance. Sorry. I see how you misinterpreted what I meant.

Sorry bout that!

I agree...no one's gonna come into anyone's house like gangbusters for one tiny little replica puppet...

Fragglerockr

So yes Mike, it's cool. Just be careful what you do with it. No Oscar the Grouch endorsing Budwieser!!!

 

[Buck-Beaver]

Originally posted by Fozzie Bear
You won't necessarily get in trouble for copying someone else's work unless you try to sell it as your OWN. That's why people have copyrights is to keep others form copying it and putting their name on it.

There's also a legality that many can escape by using which is something to the effect of 'fair likeness,' in which case Mickey Mouse looked exactly like Walt's Oswald the Lucky Rabbit, except by the ears being shorter and rounder.

While it's true the FBI probably won't come knocking down your door you should be aware of the absolute legal facts Mike:

1. Reproducing anyone else's original work (unless it is in the public domain or you obtain permission) is illegal. There are no exceptions or loopholes around it. You can be sued - and in some cases prosecuted - that's the law. Now, if you are just making puppets for fun to put in your room it's true you probably won't have a problem, but if you display them on a webpage, show them on TV or perform live with them you could be asking for trouble.

2. "Fair likeness" is a very fine line to walk and only applies if you are not intending to infringe on a copyright or trademark. For example, if I create a character that sort of resembles parts of Big Bird and I live in a country where they've never seen Big Bird I could argue that there's no intent to infringe on Sesame's intellectual property rights and I ~might~ win. BUT, if I just change a few things on Big Bird so he doesn't look exactly the same I can still get in trouble because my intent is to infringe on Sesame's intellectual property rights and I'm just trying to find a way around copyright laws (what Walt did in the 20s he might not get away with today).

This is a very gray area and when cases like this go to court it can often go either way and - usually - the side with more money tends to win.

3) There is something called "Fair Use" which stipulates how copyrighted material can be incorporated in to an original work. Examples of fair use would be if you read a quote from a book in a book review. Another is Andy Warhol's famous Campbell Soup painting. He can get away with that because he incoporated a commercial trademark in to an original piece of art to make an artistic statement. The same rule might apply if say you cut out pictures of Muppets from magazines to make a collage.

My wife did a painting of Barbie Doll on the beach last year. Mattel can't sue her for that (though they could try) because it constitutues fair use, but if she made prints and sold them she would be in trouble because she's no longer making original art, she's performing a commercial activity. Mattel tried to sue Aqua over the song "Barbie Girl" but eventually lost because the judge ruled that the song and video was satire, also permitted under fair use.

Now all that said I'm not a lawyer, so you if you really want more information about copyrights, trademarks & such check out this website about copyright law. You can also read The Berne Convention which is the basis of all international copyright law.

 

[Fozzie Bear]

Thanks for adding the Berne Convention thing--I want to know more about international Copyright laws. Thanks for explaining in detail, too.