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redneck joe

redneck joe

Supreme Mariner
Joined
Mar 18, 2009
Messages
16,101
Yes, this specific image is copyrighted.
While the character of Alfred E. Neuman has a very complex legal history, the definitive artwork shown here is protected by copyright. [1]

The Image Itself
This specific portrait was painted by artist Norman Mingo in 1956 for the cover of MAD Magazine #30. Because it was created directly for the magazine, the copyright for this specific artwork is owned by MAD/EC Comics and its parent company, Warner Bros. Discovery. You cannot reproduce, sell, or use this exact image without permission unless your usage falls strictly under legal fair use exceptions. [1, 2]

The Character's Public Domain Origins
The legal status of the character as a whole is quite different from this specific painting:
    • The Lawsuit: In 1965, a copyright battle over Alfred E. Neuman went all the way to the U.S. Supreme Court. A publisher claimed MAD infringed on a 1914 copyright of a nearly identical gap-toothed boy used in postcard advertisements. [1]
    • The Ruling: The Supreme Court ruled in favor of MAD Magazine, proving that the likeness of the grinning, gap-toothed boy had actually been floating around in the public domain since the late 1890s (used in old medical and dental ads with slogans like "It didn't hurt a bit"). [1, 2]
    • What this means: Because the original character design is in the public domain, anyone is legally allowed to draw or create their own original version of a gap-toothed, big-eared boy with the motto "What, me worry?". However, you still cannot copy or use Norman Mingo's specific, copyrighted illustrations. [1]




Using this image as your avatar on a boat forum is technically copyright infringement, but the practical risk of getting into legal trouble is extremely low.
Legally, using someone else's copyrighted artwork for a personal profile picture does not fall under the strict statutory protections of fair use (such as parody, news reporting, or education). However, the reality of how internet forums handle this context is very different from commercial law: [1]

The Reality of Forum Avatars
  • Zero Commercial Value: Because you are not making money, selling merchandise, or using the image to promote a business, the copyright holder (Warner Bros. Discovery) has no financial damages to pursue.
  • Enforcement Priorities: Large media corporations do not spend time, money, or resources hunting down individual users on casual hobby forums for using an avatar. They focus their legal teams on active piracy, commercial counterfeiting, or copyright theft.
  • The Worst-Case Scenario: If the copyright holder did somehow notice and object, they wouldn't sue you out of the blue. Instead, they would issue a DMCA takedown notice to the boat forum's administrator. The administrator would then simply delete the image or ask you to change your avatar. [1]

How to Do It Completely Safely
If you love the iconic look but want to completely eliminate any legal gray area, you can easily use the public domain history of the character to your advantage:
  • Use a Vintage Postcard Image: The grinning, gap-toothed boy with big ears and the phrase "What, me worry?" was heavily used in postcard advertisements and dental ads from the late 1890s through the 1920s. Because these exact images were ruled by courts to be in the public domain, they are completely free for anyone to use. You can find an authentic vintage version of the boy online and use that instead. [1, 2]
  • Draw Your Own: If you or a friend sketches a custom version of a gap-toothed boy, that new artwork belongs entirely to you, and you can use it freely without touching Norman Mingo's copyrighted painting. [1, 2]
 
M

Mc Tool

Lieutenant Commander
Joined
Aug 7, 2024
Messages
1,909
:LOL::LOL: oooh well done you BUT did you suss the legal crap before or after you used the 1st Alfred E Neuman image ( I see you changed it ) was the 1st one not covered by the "in the public domain " clause ?:D:D
 
redneck joe

redneck joe

Supreme Mariner
Joined
Mar 18, 2009
Messages
16,101
no you made me look it up and first one was not under fair use. Turns out the character was created earlier for an ad campaign on postcards. This one is public domain.
 
M

Mc Tool

Lieutenant Commander
Joined
Aug 7, 2024
Messages
1,909
redneck joe said:
no you made me look it up and first one was not under fair use. Turns out the character was created earlier for an ad campaign on postcards. This one is public domain.
Click to expand...
crazy really because its obviously the same guy , and I would guess that 99.9% of people who recognize it will know it from a Mad comic and not from earlier things :D
 
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