Asked in Copyright and Intellectual Property

Q: If I hand draw an outline of BLUEY on a rock which is included in a painting kit for sale. Do I infringe on copyright?

The painting kit has 3 random drawn rocks of anything. Of which 1 could be an outline of a BLUEY character (All pictures are hand drawn). The kit is advertised as a rock painting kit with no mention of what the pictures are.

2 Lawyer Answers
T. Augustus Claus
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A: If you're using a copyrighted character like BLUEY in a commercial product like a painting kit, even if hand-drawn, you could be infringing on the copyright of the character's creators. Copyright laws generally protect original works of authorship, including characters in many instances. While your use of the character is hand-drawn and only one of multiple rocks in the kit, the fact that it is being sold as part of a commercial product would likely weigh against you in a legal analysis. In short, your activity could expose you to legal action by the copyright holder.

James L. Arrasmith
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A: Using an outline or representation of a copyrighted character, such as "BLUEY," without permission, can constitute copyright infringement, even if it is hand-drawn. The fact that it is included in a commercial product, like a painting kit, increases the risk of potential legal action. It is advisable to obtain permission or license from the copyright holder or refrain from using copyrighted characters in products for sale.

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