What characters can I use?
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You’ve probably asked yourself the following question: How does character copyright work? Can I use brands and cartoons on my products or prints?
This is a common and very relevant question for those who want to sell products that have copyrights, whether in personalization, kits for children’s parties or prints on clothing and accessories. Although it is common practice, you need to know that some situations are considered illegal. But calm down! You can still market your products using familiar characters and we’ll show you how to do this safely.
First, it is important that you understand what copyright is. Copyrights are names used in reference to the list of rights that authors have over their intellectual works, which may be literary, artistic or scientific.
It is a right conferred by law (L. 9,610/98) that protects the creator’s relationships, whether natural or legal and guarantees the exclusive right to use their work in any way they want, this includes allowing or not allowing third parties to use it.
An important detail is that the work does not need to be properly registered to have its rights protected, therefore, if you reproduce a work without prior authorization, you will be violating copyright rules and thus, you will be able to respond to a legal process.
Is it possible and is it worthwhile to circumvent copyright?
Most people who work with replicas believe that it is easier to sell products that have images or that refer to famous characters and that are already widely accepted. This may even be true, after all the authors probably took years to build a recognized brand and this is all the more reason not to reproduce this work illegally.
Just research a little on the subject and soon we find several tips for those who want to use characters and “cheat” the law, so they don’t have to suffer the consequences.
Some people manage to make new and good interpretations of characters they already know, recreating traits, humanizing and even making caricatures of the interpreter. But make no mistake, even if you redraw the entire character it will still be characterized as image misuse and thus, you will be infringing on copyrights.
Others defend the fact that this type of law is not so regulated here in Brazil, or that Marvel and Disney would not waste time coming to claim their rights with some small seller.
The fact is that if there is sales potential, you can grow and be seen quickly, then I come to the question: Do you believe it’s worth it pay a huge fine equivalent to everything you’ve already earned selling these pieces? And the bad name your business would carry if the rights holder decides to sue you?
It doesn’t make sense to want to circumvent copyright law, as you can legally do all of this safely and much more smoothly. One of them is to market products with characters that have already fallen into the public domain.
In Brazil, the rights to a work last up to 70 years after the author’s death, but in characters that are controlled by American companies, the count is made from their creation, so some cartoon characters have already fallen into the public domain and can be used normally.
This is the case with Popeye, for example, as it was one of the first famous drawings of the 20th century, the old comics and animations of the cartoon have already entered the public domain.
Meet other characters that have already entered the public domain:
- aladin
- Merlin – The supreme magician
- Frankstein – The Undead Warrior
- Ali Baba (in the 40 thieves)
- Alice (in Ancient Wonderland)
- Claude (The Hunchback of Notre Dame)
- Cinderella
- Peter Pan
- Jane (Tarzan)
- Pinocchio
- Sherlock Holmes
These are just a few of the characters you can use without worry.
It is also possible to create products using those new characters that are super hot and that have copyrights, but for that you will need a license. See how to get them.
How to be licensed to sell copyrighted products
As we’ve explained above, all trending cartoon, movie or comic characters are protected by copyright and all major studios have representatives in Brazil, so instead of taking the easy way out and taking risks, it’s better to start from correct form.
For this, we brought several Licensors and agents of brands and characters for you to get in touch and win the right to reproduce them in your products:
BROMELIA PRODUÇÕES LTDA.
Rua Jacob Bereck Steimberg, 186 – Jardim Chapadão
13070-013– Campinas, SP
Phone: (19) 3241-5135
Representative: Miguel Moreira – Manager
Email: [email protected]
Website: www.galinhapintadinha.com.br
Properties: Gallina Pintadinha, Gallina Pintadita, Lottie Dottie Chicken
eONE BRAZIL
Rua Barão de Capanema, 343 – 12th floor – Jardim Paulista
01411-011 São Paulo, SP
Phone: (11) 3197-3204
Representative: Bruna Sawada – Regional Licensing Manager – Brazil
Email: [email protected] Website: www.entertainmentone.com Properties: Peppa Pig, PJ Masks, Ben & Holly Little Kingdom.
FICO LICENCIAMENTO DE MARCAS LTDA.
Avenida Chibaras, 688 – ap. 201 – Moema
04076-003 – São Paulo, SP
Phone: (11) 2842-4242
Representative: Augusto Cesar Saldanha – Licensing Manager
Email: [email protected]
Website: www.fico.com.br
Properties: Stay, On Waves of Surf, Lansay
GENERAL MOTORS DO BRASIL / GM
Av. Goiás, 1805 – Santa Paula
09550-900 – São Caetano do Sul, SP
Phone: (11) 4234-7700
Representative: Fernanda Poloni Blasque – Brand Licensing Coordinator
Email: [email protected]
Website: www.chevrolet.com.br
Properties: Camaro / Corvette / S10 / Onix / Sonic Racing / Chevrolet
GK COMPANY LTD. / GUGA KUERTEN
Rua Madre Benvenuta, 1168 – 1st floor – Santa Monica
88035-000 – Florianópolis, SC
Phone: (48) 3331-4602 / 4639
Representative: Luciano Faustino (Commercial Director) / Gabriel Butafava
Email: [email protected] / [email protected]
Website: www.guga.com.br
Properties: Guga Kuerten
GLOBO COMUNICAÇÃO E PARTICIPAÇÕES SA
Estrada dos Bandeirantes, 6700 – MAC Building – 2nd floor / Licensing – Room 5076
22780-086 – Rio de Janeiro, RJ
Rua Evandro Carlos de Andrade, 160 –Vila Cordeiro – 04583-115 São Paulo, SP
Phone: (21) 2444-8222 / (11) 5112-4747
Representative: Márcia Ladeira
Email: [email protected]
Website: www.loja.globo
Properties: Novels, Big Brother Brazil, Sítio do Picapau Amarelo, The Voice Brasil, Mais Você, Stars, Total Zorra, Criança Esperança, Stock Car, Spectacular Sports, Brasileirão, Caldeirão do Huck, Love and Sex, Domingão do Faustão.
GLOOB / GLOBOSAT PROGRAMADORA LTDA.
Av. das Américas, 1650 – Block 3, Room 305 – Barra da Tijuca
22640-101 – Rio de Janeiro, RJ
Phone: (21) 2145-7128
Representative: Sabrina Freitas – New Business Manager
Email: [email protected]
Website: www.licenciamentodemarcas.mundogloob.com
Properties: Miraculous – The Adventures of Ladybug, Alvinnn and the Chipmunks, Porto Papel, Blue Building Detectives, There’s a Child in the Kitchen
MARQUENT GROUP
Rua Almirante Barroso, 771/775 – Brás
03025-000 – São Paulo, SP
Phone: (11) 2796-3505
Representative: Fabrizio Martini (Chief Licensing Officer)
Email: [email protected]
Website: www.gangster.com.br
Properties: Gangster
HASBRO DO BRASIL INDÚSTRIA E COMÉRCIO LTDA.
Av. das Nações Unidas, 4777 – Alto de Pinheiros
05477-000 – São Paulo, SP
Phone: (11) 3738-8901 / 8991
Representative: Victor Fonseca (Head) / Manuela Machado (Confection & Accessories, Back to School, Parties, Stationery, Shoes, Home Accessories) / Sabrina Tonso (Toys, Food & Hygiene & Beauty)
Email: [email protected] / [email protected] / [email protected]
Website: www.hasbro.com
Properties: My Little Pony; My Little Pony Equestria Girls; Littlest Petshop; Transformers; Chuck and Friends; Nerf; Furby; Monopoly; Mr. Potato Head; Blythe; PlayDoh.
ICONIX BRAND GROUP – BRAZIL
Landmark Building – Av. das Nações Unidas, 12,399 – 8th floor – Cj 86B
04578-oo0 – São Paulo, SP
Phone: (011) 3443-1742
Email: [email protected]
Website: www.iconixbrand.com
Properties: (Over 35 clothing brands including: Umbro, Joe Boxer, Starter, Lee Cooper, Zoo York, OP, Material Girl, Danskin, London Fog, Peanuts, Strawberry Shortcake, Pony, Mossimo, Royal Velvet, Cannon, Waverly )
AYRTON SENNA INSTITUTE
Rua Dr. Fernandes Coelho, 85 – 15th floor
05423-040 – São Paulo, SP
Phone: (011) 2974-3000
Senninha Representative: Alessandra Valini, Phone (011) 2974-3016 / Ayrton Senna Representative: Barbara Robles, Phone (011) 2974-3081
Email: [email protected]
Website: www.institutoayrtonsenna.org.br
Properties: Ayrton Senna and Senninha
LIGHT AND LIFE
Rua Trajano Reis, 672 – São Francisco
80510-220 – Curitiba, PR
Phone: (41) 2169-2244 Fax: (41) 2169-2266
Representative: Emerson Silva – Licensing Coordinator
Email: [email protected]
Website: www.smilinguido.com.br / www.turminhaquerubim.com.br
Properties: Smilinguido and his Class, Crew Cherubim
MATTEL DO BRASIL LTDA.
Rua Verbo Divino, 1488 – 2nd floor – Chácara Santo Antonio
04719-904 – São Paulo, SP
Phone: (11) 3583-1100 / 11 64 Fax: (11) 3583-1103
Representative: General: Tamara Fernandes – [email protected] / Softlines (Textile): Flavia Hauy – [email protected] / Hardlines (Bazaar): Valeria Zugaib – [email protected]
Website: www.mattel.com
Properties: Barbie / Hot Wheels / Polly / Max Steel / Monster High and Fisher Price.
MAURICIO DE SOUSA PRODUÇÕES LTDA.
Rua Werner Von Siemens, 111 – Building 19 – Espaço 01 – Lapa de Baixo
05069-010 – São Paulo, SP
Phone: (11) 3613-5000
Representative: Rodrigo Paiva (Licensing) / Claudia Arbex (Marketing) / Enio Kuruma (International Business)
Email: [email protected]; [email protected]; [email protected]
Website: www.turmadamonica.com.br
Properties: Group of Forest, Group of Mônica, Group of Mônica Baby, Group of Young Mônica, Group of Mônica Toy, Group of Tina, Group of Chico Bento, Group of Horácio, Group of Penadinho, Group of Pelezinho, Group of Neymar Jr , Ronaldinho Gaucho’s class.
MORMAII IND. WITH. IMP. EXP. ART. SPEC. LTDA.
SC 434 Highway – Km 03 – Neighborhood: Palhocinha
88495-000 – Garopaba, SC
Phone/Fax: (48) 3254-8000
Representative: Eduardo Nedeff (Commercial Director) / Andreza Nunes
Email: [email protected] / [email protected]
Website: www.mormaii.com.br
Properties: Mormaii
NICKELODEON – VIACOM NETWORKS BRAZIL TELEVISION PROGRAMMING AND ADVERTISING
Rua Dr. Renato Paes de Barros, 1017 – 13th floor – Corporate Park Building – Itaim Bibi
04530-001 – São Paulo, SP
Phone/Fax: (11) 3866-1756 / 1812
Representative: Angela Cortez – Senior Licensing Director /Tatiane Tardelli
Email: [email protected] / [email protected]
Website: www.mundonick.com.br
Properties: Babies: Peter Rabbit; Dora Infant; Sponge Bob, Retro Ninja Turtles and Backyardigans Baby / Preschool: Dora, The Adventurer; Bubble Guppies; Paw Patrol, Half Shell Heroes and Backyardigans / Kids / Animation: Ninja Turtles; SpongeBob and Dora and their friends / Adults: South Park; Beavis and Butt-head, SpongeBob, Ninja Turtles and MTV.
PORTINARI LICENSING
Rua Marques São Vicente, 225 – Room 2 – Ground floor – Solar – Gávea
22453-900 – Rio de Janeiro, RJ
Phone: (21) 3527-1440 / Cel. (21) 8128-7797 Fax: (21) 3527-1439
Representative: João Cândido Portinari
Email: [email protected] / [email protected]
Website: www.portinarilicenciamentos.com.br
Properties: Portinari
RECORD NETWORK – RADIO AND TELEVISION RECORD SA
Rua da Várzea, 240 / 250 – Barra Funda
01140-080 – São Paulo, SP
Phone: (011) 3300-7777 / 3300-4000
Representative: André Chueri (Director of Operations and Revenue…
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