The dilemna-Raggedy Ann

Raggedy Ann and her brother Raggedy Andy are probably the most sought after ME designs anywhere. They take the heart of not just children but also adults. The character, Raggedy Ann is a fictional character which was created by writer Johnny Gruelle. While caring for his sick daughter, he painted the face on a rag doll which became the heart throb of little girls everywhere. For a long while I have debated whether to even say anything about this or not. Silence in my opinion is assent and by keeping silent, it portrays that one accepts and believes what is present.

To digress—some years ago, a new digitizer decided to  release Monopoly game board as a ME design. The idea was fantastic and would have been excellent had she contacted Hasbro for permission to do such. Hasbro is a major toy industry with several companies representing it. Unfortunately, the permission was not there and the digitizer had no other alternative but to shut her website and take down the Monopoly game board designs. My advice…it would have been so easy and simple to contact Hasbro and ask for permission, perhaps even a license to create the designs.

However, Raggedy Ann character is not only trademarked but also copyrighted by Hasbro and any imitation of it is a direct infringement upon Hasbro’s rights. Sort of like the Mickey Mouse thing….a mouse has two ears and whiskers….but depict it like Mickey and you have infringed upon Disney’s copyright. To my knowledge, Viking is the only company which has the license to create Raggedy Ann and Andy and there is certainly a CD of designs out there in the market.

A year ago, a new digitizer decided to embark upon the likes of Raggedy Ann in various poses…. a bad mistake. Actually there are several digitizers, new and many already quite knowledgable in the field who have Raggedy Ann and Andy’s depictions. Surprised! I certainly was and had to wonder. With so much artwork in the public domain why does one need to infringe upon someone’s copyright? One reason…it is a well known character and well loved…an automatic yearning to digitize. Advice to anyone with Raggedy Ann and Raggedy Andy look alikes….respect the IP and the trademark and let it go. If you must digitize, then do the honourable thing and get a license. Its not very difficult to pursue and get one and can certainly give you, as the digitizer, an esteem and popularity. Ofcourse Hasbro’s trademark did not begin until 1999….so there may be a leeway in the designs created before then. This however, is highly unlikely, as most of the digitizing, especially home digitizing did not come about  until right after 1999.

Comments (7)

JennineMay 25th, 2009 at 3:23 am

Hi,

have been checking on your info about Raggedy Anne. I have contacted Hasbro etc and they deny they have any copyright??? I have also done full searches on all the other names at the US copright office- coming up blank.

I have digitised some Raggedy Anne designs and have had to withdraw them from my site due to your blog, as I certainly dont want to be sued.

Can you tell me where you got your information and anything else that might refer to this.

many thanks

Jennine in Brisbane

SadiaMay 25th, 2009 at 2:12 pm

Hello Jennine,
Thank you for your note and information. I was not aware that Hasbro or Simon and Schuster had given up the copyright and trademark. If the letter is beneficial to public, I do hope you will send a copy for me to publish. Last I looked: http://www.simonandschuster.net/content/feature.cfm?sid=686&feature_id=461 both Hasbro and S&S are the owners.
You can digitize RAnn/Andy but you cannot sell them as the rights belong to someone else. I applaud your decision to remove them for sale as that shows you respect others and that is a lot to be said in today’s date. Hope the link above might be useful and if you have information to the contrary, you will share. Hugs, Sadia

SabrinaOctober 31st, 2010 at 8:46 am

Please don’t spread misinformation to the public.

Original Designs of raggedy ann and andy are in the public domain, but the names Raggedy ann and andy is trademarked to hasbro and simon and schuster.
You can digitise the original illustrations from johnny gruelle books but you can’t use the moniker “raggedy ann and andy” anywhere on your products without permission from the trademark holders.

SadiaNovember 4th, 2010 at 9:08 pm

Sabrina, I was not aware that I was spreading any misinformation. Neither was I aware that the Raggedy Ann/Andy designs are in the public domain. True, the trademark of the words belong to Simon and Shuster and yes, some of Gruel’s books are in public domain. That does NOT mean that they are fair game. Please do post links where you see that all of Gruel’s works prior to a certain date are not subject to copyright laws. I would appreciate it. Thanks, Sadia

Amy DensmoreDecember 27th, 2011 at 8:19 am

I sew Raggedy Ann and Andy dolls that I have made from a commercial pattern. A few people have seen my dolls and have asked if I would make them for sale. I have. Am I infringing upon copyright by doing this? You should know that I am not making a mint on this… in fact I have only sold to people I know for a fraction of my time involved… I would appreciate your input.

SadiaDecember 27th, 2011 at 6:57 pm

Amy, the copyright information on your pattern would state whether or not the pattern can be duplicated for commercial use or personal use. That is “the thing” to note. If no stipulation is given then still I would personally contact the pattern company just to keep my own nose clean. While contacting the company, may I suggest that you also ask if duplication for commercial use is allowed and upto what count. Good luck. Hugs, Sadia

TeresaFebruary 9th, 2012 at 8:41 am

I have read so much information concerning these characters. I’ve read articles stating that the early books, 1918-1920′s are public domain. I’ve also read that the Gruelle family is notorious for cutting off the heads of anyone attempting to reproduce these characters in any way. However, there are several huge sewing pattern compaines (McCalls & Simplicity for example) that make and sell patterns of these dolls and use the names “Raggedy Ann & Andy” as well as all of the other characters from these books. I have made, and sold dolls depicting these characters. I make my own patterns and add my own touches so they are considered an “artistic interpretation” of the characters. I know Hasbro has a trademark on the dolls, but that is different from a copyright. The way that it was explained to me, by a person who has a website where they sell their own handmade versions of these dolls, is that, as long as you use your own patterns and don’t in any way try to decieve people into thinking that your creations were made by Hasbro, then you are in the clear. However, there is so much conflicting information that I really don’t know who to believe!

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