Guidelines for using Alex Toth Materials
Contributed by: tothfans on Sat, September 23, 2006 / 12:09am CDT
Official Alex Toth website :
Guidelines for using Alex Toth Materials
Here is some basic information for people or companies that want to use Alex Toth’s name, photo or other images of him, or his artwork and designs.
1. Useful Background Information About Rights in Alex Toth materials:
a. In order to make use of Alex Toth’s name, photo or other images of him, or his artwork and designs, you need to have prior written permission from his family, who are founding the Alex Toth Foundation.
b. The Foundation owns the copyright in all of the works created by Alex Toth, and also has the right to approve any use of his name or likeness for any commercial purposes.
c. People who possess original works by Alex Toth own the actual physical copy of that work, but they do not own the copyright in that work. That means that they cannot make copies, publish photos or make changes to the work that they possess without the prior written consent of the Foundation. That is because only the copyright owners can authorize those actions.
d. No one can create new works (called derivative works) based upon Alex Toth artworks or characters without the prior written permission of the Foundation. That is because the right to create derivative works is part of the copyright owned by the Foundation.
e. You should also be aware that some Alex Toth works were created in conjunction with DC Comics, Hanna Barbera and other entertainment and publishing companies. These companies may also have copyright and trademark interests in those works, and you must get permission from them to use their characters, artwork, animations, etc.
2. What to do if you would like to make use of the name, likeness or works of Alex Toth.
f. The Foundation wants to insure that use of Alex Toth materials is consistent and honors Alex Toth’s intentions and the integrity of his work.
g. Alex Toth’s son Eric is the contact person at the Foundation for inquiries about using Alex Toth’s name, likeness and/or works.
h. Contact Eric by phone at 616.399.6739; or by mail at P.O. Box 1556 Holland, MI 49422-1556.
i. If the Foundation agrees to your proposal, they will provide you with copyright, trademark and style guidelines for such usage.
3. How you can tell if the Alex Toth artwork, design or models that you have are authorized by the Foundation for commercial use.
j. The Foundation will work with you to authenticate Alex Toth works that you might have.
k. Works that have been authorized by the Foundation for distribution by other people or companies will have the trademark name and logo on the work or on the Certificate Of Authenticity for the work. The trademark is, “The Alex Toth Collection” and also includes
l. the logo:
4. Please let us know if you have any biographical or other materials about the works of Alex Toth. We would like to include authenticated works, correspondence and biographical information on the website and in the archive described below.
5. Would you like to have your Alex Toth original included in the Official Archives of the Foundation, and be part of “The Alex Toth Collection”?
m. The Foundation is working on an Alex Toth archive (the “Archive”) to include sketches, drawings, designs, correspondence and other materials.
n. The Foundation intends to restore and preserve the Materials in this Archive and make them available to the public for viewing and research once a more permanent home is found for the Archive at a museum or educational institution.
o. If you would like your materials to be included in this Archive, please contact Eric Toth at the Foundation: at 616.399.6739
p. Your contribution to the Archive will be tax deductible, and donors will be credited in certain print materials, publications and exhibitions for their contributions.
q. While the Foundation and/or its museum partners may want to possess originals for preservation purposes, the Foundation is willing to work with donors on potential licensing and exhibitions relating to or partially including the works of Alex Toth. Please feel free to discuss these possibilities with the Foundation.
6. In order to preserve the legacy of Alex Toth, and ensure the integrity of his works, the Foundation will begin to police unauthorized use of Alex Toth Materials and take action to enforce its rights in these Materials. Please contact us with questions, and let other people know that rather than make unauthorized use of the Materials, they too can contact us at: 616.399.6739