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A Doctor Who fan who created knitting patterns for the programme’s monsters and gave them away online has been told by the BBC to stop or face the threat of court action.
The action against the licence fee-payer who had produced patterns of the squid-faced Ood and the short, fat, white Adipose for members of her knitting circle has rapidly become a cause célèbre on the internet.
The 26-year-old woman, who uses the name Mazzmatazz because she does not want to be identified, said that she was “just an ordinary person who likes knitting” who had been caught up in “a bit of whirlwind”. Lawyers argue that her case shows that trademark and copyright law should be changed.
However, the BBC says it is defending its own trademark, although it has no intention of producing knitted Doctor Who baddies, in threats that are reminiscent of KFC’s attempt to sue a Yorkshire pub for offering a “Family Feast” menu. KFC dropped the action after an outcry a year ago.
Becky Hogge, the executive director of the Open Rights Group, which helped to publicise the case after trying to advise Mazzmatazz, said: “We need to recognise that there is a difference between selling knock-off hand-bags in the market, and fans who are making tributes and contributing to creativity in the future.”
Because of possible legal action, the knitting patterns have been withdrawn from the internet, although satisfied knitters have taken many pictures. Particularly popular is the blob-like Adipose, a creature made from human fat and introduced in the current series, starring David Tennant and Catherine Tate. Some lawyers believe, however, that the rights of fans to create versions of content based on brands created by large media companies should be protected, as long as they do so on a noncommercial and nondefamatory basis. Richard Taylor, a copyright lawyer with DLA Piper, said: “My advice is that trademark and copyright owners should try and be generous to their fan base.”
In this case, lawyers said there was little doubt that Mazzmatazz had broken the BBC’s Doctor Who trademark by mentioning it on her website, and it is likely that the corporation also owns trademark rights over the Ood and Adipose. However, there is a debate over whether the patterns represent enough of a transformation from the original to justify a new copyright.
Andres Gudamuz, a law lecturer at Edinburgh University, believes that the act of creating a knitting pattern could be enough to give Mazzmatazz copyright, which could be a defence if she did not use the Doctor Who name. “For more than a decade fans kept Doctor Who alive when it was off air. The BBC should recognise that,” the laywer added.
The BBC said that it was obliged to protect its trademark. A spokesman said the corporation did not want to prosecute licence fee payers, but it had to take action “because the knitted figures are being sold on eBay”.
A string of legal cases have served to strengthen the rights of trademark and copyright owners. Arsenal Football Club won a long legal battle against William Reed, who sold unofficial merchandise using the club’s logo in 2003, and the Verve lost the rights to royalties of Bitter Sweet Symphony to lawyers behind the The Rolling Stones catalogue because it sampled an orchestral version of The Last Time.
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It should have been the EBay sellers that were shut down, not Mazzmatazz.
Brandi, San diego, CA,
Whilst I think that the BBC's initial response could have been more tactfully done, they really did not have any choice. Speaking as head of the UK branch of the licensing industry's trade association, there are both commercial and quality concerns about this activity. Commercially, the BBC may have granted rights to third parties which these products infringe upon: not taking action could leave the BBC itself open to legal claims. There is also the well-justified desire to stop on line sales of unauthorised goods made using these patterns. Most importantly in my view, licensing is often naively reported in the press as being responsible for 'tacky merchandise'. It is, in fact, the very process of permission/approval that is at the heart of licensing that prevents poor quality goods from going on sale. If goods are allowed to be made and sold without the BBC's inspection and approval, we could, indeed, see the public parting with hard-earned money for poor quality and even unsafe items.
Now that this is in the hands of the BBC's licensing department, I'm sure that a sensible conclusion will be reached.
Kelvyn Gardner, Milton Keynes, UK
Had Ebay actually bothered to do its job properly and stop the person who was stealing Mazzmatazz's designs and selling them for profit, the Beeb wouldn't have had to ask Mazz to take the designs down.
The BBC can't be that bad, they've offered Mazz a book deal out of all this.
Last Cyberman, Sussex, ENGLAND
The Adipose shown is clearly crocheted and not knitted so it can't be the one the fuss is all about.
Carol Marsh, Haywards Heath,
What's more amusing to me is that Mazz's pattern was just one of dozens that I know of floating around. AND not to criticize anyone's creativity, it's not a particularly complicated doll to make without a pattern. The one's I've seen are basically squares with feet. RTD had his own during shooting.
lisa, crouch,
Ohh for Pete's sakes... this is just ridiculous.. here in the States there is a knitter who has created her own version of a Dalek and the BBC hasn't issued a peep about her creation.. must be just the peeps who live in the same country that they are trying to throttle the creative talentsof .. ehh?
Krystal, Grand Rapids, USA
heh.. just based on the pictures shown I as a BASIC knitter can make my own knitted version of the dolls..they are so simply done.. does this mean the BBC is going to jump across the pond and sue me for my ability to think "creativly" Anyone who knows How to make a knit doll can make one of these..
LeAnn , Grand Rapids, USA
This is just proof of how pathetic the BBC really are to threaten a fan with court action over knitted patterns of Doctor Who Monsters.
If it was'nt for the fans Doctor Who would have died in 1989 and the BBC would not have the money from sales
Eric, Glasgow,
So as a tv licence payer, i have the right to a free copy of DR WHO or any other bbc production dvd when launched as i paid for the cost of it already via my licence, so why do i have to pay 12.99 when it comes out.
make up your mind BBC .. its just money you want.
Mr T, preston, lancashire
Ahhh, modern Britain. Where you get stabbed to death in the street and sued for knitting!
Ricardo, London, UK
So that's where my license fee goes... to the BBC lawyers who try and take on a knitting Dr. Who fan. Classy!
Franziska Erbar, Sevenoaks,
Just another example of life in this nanny state.
Louise, Mirfield, uk
Did the BBC pay any copyright fees when Blue Peter gave away their pattern to the build your own Tracey Island?
Fair to say they gave the pattern away for free but they used the Tracey Island name many times so should they and did they pay some kind of copyright fee for that?
Karen, London, England
Classic. If the BBC had said nothing, the patterns would become one more idle page on the overcrowded web. Now they're hot property and probably sought out and readily available in the file-sharing internet underworld. Good effort on damage limitation guys!!
T, London, UK
How can the same corporation have Blue Peter giving instructions for making Tracy Island and then get so upset about this?
They probably had permission from the Thunderbirds owners but someone was smart enough to realise that there was an opportunity to widen and cement the fan base.
Carla, Leek, Staffs
"Hard cases make bad law"-as unfortunate as this case is, intellectual property rights are a good thing on the whole and have to be enforced to be effective: acquiesence creates major problems for brand owners when large scale infringement ocucrs, so BBC had to act to ensure DW's long term viability
Gareth, London, UK
These knitted creatures are so gosh darn cute it's impossible to believe that a huge entity like the BBC could feel threatened by them.
Karen, Boston, MA,
Agree with the above poster the BBC have gone after the soft target rather than take on the octopus that is eBay! PS RTD had a knitted adipose in Dr Who Confidential - will this be confiscated as illegal merchandising????
Liz, Aberdeen, Scotland
Sounds like someone in the rights departement at the BBC trying to justify their job...then they can report for the week that they stopped "a dangerous infringement" of the BBC copyright.The BBC has even stated taht they have no interest in having their own knitted figures!
Andrew, Wycombe,
Mazzmatazz, was not the one selling these toys, she was distributing the pattern online, for free, under a creative commons licence. Perhaps the BEEB should have helped her protect her copyright, and their trademark, by going after the peson who WAS selling these!
Yoshimi, Leicester,
Mazzmatazz WASN'T trying to make profit from these pattern. Some scumbag copied the pattern from her website and then tried to flog it on EBay. If the BBC are concerned with the issue about them being sold online then they should go after those who try to flog free patterns to unsuspecting Ebayers.
Mandy, Coventry,
I'm fed up with the BBC's money grabbing with their tie-in merchandise which (costs a fortune) and results in parents being pestered for the latest characters available.
Does the Adipose/Ood character copyright actually belong to the BBC? What about the designer?
Anyone got a spare pattern?
Carol, Nottingham, notts
Why is Mazz's knitted Adipose no longer being shown? There is a crocheted version, but that is not is what the story is about.
Mazz has never tried to sell the pattern, nor make merchandise from it. Someone stole her patten and the image and tried to sell it on eBay.
LJ, Douglas, Isle of Man
BBC is extremely confused. The creator of the pattern was NOT the person who was selling the pattern on EBay. But why go after anyone now if there's been people selling Dr. Who scarfs on Ebay for years for 100 bucks a pop???
Laura, Burlington, USA
At a time when the licence fee is being eroded, staff sacked and repeats ever rising, good money should not be wasted victimising the poor woman.
A contribution to Children in Need would see honour to both sides.
The BBC has no rights over my adipose tissue!
A good knit for Blue Peter!
Jeremy, Plymouth, UK
this is ridiculous, its not like she is selling them in bulk and using dr who logos. These companies are so greedy its like they look for something they might be able to make a case out of and win some money or at least monopolize the country as best they can.
Holly, london,