Madame Vastra & Jenny

[ffutures]

Spotted by ps238principal

Rather a nice Madame Vastra & Jenny print, shame that the vendor will probably get a Cease and Desist letter from the BBC before long...

http://mudron.bigcartel.com/product/jenny-madame-vastra

Comments

[nelc.livejournal.com]

Not necessarily. I notice that they've used the old 5th Doctor-era Cyberman design, which is probably no longer covered by trademark law. The Silurian might be problematic, though.

[major-clanger.livejournal.com]

The BBC might try, but they'd have no legal basis for objecting. (Not that that's stopped them before, e.g. the knitted Ood.)

I would assert that the UK Supreme Court's decision in Lucasfilm v Ainsworth (the Stormtrooper Armour case) has pretty much put the nail in the coffin of attempts to protect costumes and prop outfits via copyright. Yes, if this was an unauthorised reproduction of, say, a BBC publicity picture, then it would infringe copyright - but it's not, it's an original artwork.

I don't think a trade mark argument would go very far as the BBC hasn't registered the shape as a trade mark. (It has for the Daleks and, amusingly, the Stig.) The phrases 'Cyberman' and 'Cybermen' are registered as text trade marks, but this picture doesn't mention them. Also, it makes no claim to come from or be endorsed by the BBC, so I don't see a Passing Off claim being much of a runner either.

[ffutures.livejournal.com]

OK... Good to know.

[ffutures.livejournal.com]

I was forgetting that the Cyberman design was so old. The Silurians seem to have changed a little with each incarnation, and may indeed be more problematic.

[nelc.livejournal.com]

Yes, I was thinking of your presentation at Eastercon. I assumed that the 5th Doctor Cybermen weren't covered, but I wondered whether BBC might not have registered the latest re-design as per the Daleks and the Stig.

[nenya_kanadka]

This is so cool. I want one. :D

I love your icon as well--did you make it? Do you know who did? Is it shareable?

[ffutures.livejournal.com]

It's a picture I think I found on the BBC site, didn't do anything apart from crop and resize it slightly. If you want to copy it, please be my guest.

[nenya_kanadka]

Thank you very much! :D