Paddington Bear image copyright

Paddington Bear image copyright

Author
Discussion

9.3

Original Poster:

1,134 posts

193 months

Saturday 1st April 2023
quotequote all
I'm a little confused over copyright.

Famously last year, an artist Eleanor Tomlinson produced that lovely image of the Queen and Paddington Bear that went viral everywhere. Listening to the radio interview with her this morning, it seems a lot of people were using her image on their own products. Accordingly she has now copyrighted her drawings of Paddington, and has a fierce lawyer jumping on anyone trying to use them .

My question is, that her drawing was just a copy of the original Paddington illustrations by Peggy Fortnam, who was then succeed by Robert Alley. So why isn't the copyright with the original artist? How has Ms Tomlinson managed to get it?

darreni

3,801 posts

271 months

Saturday 1st April 2023
quotequote all
She has probably paid to use the Paddington name & likeness on a commercial basis.


Milkyway

9,472 posts

54 months

Saturday 1st April 2023
quotequote all
Tenuous link time: Jeremy Clarkson’s Mum is the inspiration for Paddington Bear.
https://hansonsauctioneers.co.uk/paddington-bear-d...

Edited by Milkyway on Saturday 1st April 12:27

98elise

26,644 posts

162 months

Saturday 1st April 2023
quotequote all
9.3 said:
I'm a little confused over copyright.

Famously last year, an artist Eleanor Tomlinson produced that lovely image of the Queen and Paddington Bear that went viral everywhere. Listening to the radio interview with her this morning, it seems a lot of people were using her image on their own products. Accordingly she has now copyrighted her drawings of Paddington, and has a fierce lawyer jumping on anyone trying to use them .

My question is, that her drawing was just a copy of the original Paddington illustrations by Peggy Fortnam, who was then succeed by Robert Alley. So why isn't the copyright with the original artist? How has Ms Tomlinson managed to get it?
Surely she has copyright automatically as it's an image she created? Shes a professional artist as well so it's her livelihood.

No idea on her use of Paddington though.

Grrbang

728 posts

72 months

Saturday 1st April 2023
quotequote all
Copyright can subsist subsist in fictional characters and in artistic works. There was a case about this sort of thing recently, centred on Only Fools and Horses.

She may have had a licence to use copyright in the fictional character.

Her art, if original, would have been protected as an artistic work. First owner of that copyright is the creator or their employer, or someone else if she signed it over. Therefore, she can stop others from using her artistic work assuming she still owns the copyright in it.


qwerty360

192 posts

46 months

Saturday 1st April 2023
quotequote all
1. Her images were copyrighted automatically. She might have registered them and started enforcing it...

2. There are plenty of examples of derivative works being copyrighted separately; See any book set in the star wars universe, or Dr Who Universe (etc etc). Generally the author will have negotiated a deal with whomever owns the copyright (e.g. lucasfilm for star wars) .

See Disney movies and folk tales published by the Brothers Grimm - Disney can't prevent people publishing books or movies based on the original stories of Cinderella or Snow White etc, but they still own copyright on their own movies of it.