@Kaity, You're welcome! I hope it helps with your essay!

... School of Puppetry on What types of puppets are there?
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2 comments
Alec Alec said...
First of all, I want to thank you for all of this information, it is very helpful. I am a fan of the muppets and Jim Henson's work is very inspirational. I just wanted to clear up something about your post. I am working on a project for school. It is a video and I had the idea of having Oscar the Grouch host it. If I were to make a puppet of him (lol not very accurate because I have no experience in puppet building) but it would hopefully be recognizable, would that be legal? I don't want to cause any trouble, I just want to make sure before I end up making a mistake. I would not be making any money off the video, as it's just a class project for my high school, and I would certainly not be selling it or making any more. Please let me know what you think. Thank you!
comment posted on  17th May 2010 at 10:58  permalink image  Permalink
@Alec,

Great question! There is always an argument between us puppeteers as to where the line is drawn. Some people argue that 'fair use' (ie. people who make puppets for a hobby, a student such as yourself, someone who makes a replica just for themselves) and satire means that making a replica.

The problem with that is two-fold: the first being that it's still illegal, since you're infringing on someone else's copyrights without permission (unless stated somewhere in writing, permission is not given, and most people don't seek permission by writing to the owners). It's unlikely that a copyright owner will sue you, or other hobbyists, simply because it's too costly. Whereas, as pointed out in the article, people who sell replicas are more likely to be sued because there is a way to recoup costs of lawyers, etc.

The second issue is that copyright laws differ from country to country and from state to state. There's no guarantee that making a replica, even under the oft-used 'fair use' clause (which might not even exist in some countries), will be legal. Or that the copyright owner could sue you anyway, given that international laws on copyrights may change over time.

... As for your particular question: I suspect that your case wouldn't come under fair use/satire, since you're not satirising Oscar the Grouch but actually using the character for another purpose. I'd take that with a HUGE grain of salt, because I'm not a lawyer and I couldn't really say one way or the other.

My point at the end of this article is to say that just because other people have done it, or continue to do it, does not make it ok. Can you do your project using a different puppet character? Does it have to be Oscar the Grouch, or will any character do? Besides which, there are ways of making the puppet look similar to the character, without actually making a replica.

I make it clear here and where I've posted on other sites about this issue, that I don't agree with any form of replica building (fair use or otherwise). But I also don't think you'd get into trouble. The question is: are you really all that interested in stealing Henson's work for a school project? Because I'm willing to bet if you put in just as much hard work as you would making Oscar, you could invent your own character. That to me, sounds far more rewarding.
comment posted on  17th May 2010 at 14:04  permalink image  Permalink
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