Image:Scoobydoo misterymachine.JPG

This image has two separate copyrights. The image itself is a 1968 Chevrolet Sportvan 108 (seen as a Scooby Doo Mystery Machine replica by incrediblecharacters.com) which is copyrighted

The van itself is a derivative work of the Scooby Doo Mystery Machine. 17 U.S.C. § 103 states that "The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material." Therefore to use this image on Wikipedia, the possible copyright of the Mystery Machine, as owned by Hanna Barbera must be addressed. The first issue is whether the use of copyrighted material in the van itself is lawful, per 17 U.S.C. § 103 (a). Per the Congressional notes on the copyright law [1], "the unauthorized reproduction of a work might be “lawful” under the doctrine of fair use or an applicable foreign law, and if so the work incorporating it could be copyrighted." It is presumed for our purposes that the actual making of the van was a lawful reproduction of the Mystery Machine, possibly under fair use. More pressing however is our use of the Mystery Machine design.

This van is offered commercially for rental purposes by incrediblecharacters.com [2]. Assuming their reproduction of it is lawful, we note 17 U.S.C. § 113 (c): "In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports." Being that this is a lawful reproduction of a useful article (a working van) offered for rental to the public, our use of a free photo of said van to comment on the fan-made van, and to display the van, is without copyright restriction.

If this were not so, we could still use it under a fair use rationale for the purposes of:

• Critical commentary comparing this van to the drawn one
• Showing the lengths fans will go to appreciate the van
• Not infringing the original copyright in any way, as much as Hanna Barbera does not make physical vans
• Enhancing the value of Hanna Barbera's product by enhancing the suspension of disbelief

[3]

5/12/2005

[w:en:User:Montrose Patriot]