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Using licensed cartoon characters in small business advertising?

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Destinite

Junior Member
I am in Illinois. I work for a print advertising company that usually runs ads for small businesses. Once in a while, we'll get a small business who wants something like Jiminy Cricket in their ad, 99% likely they never got permission. I understand that this is wrong, and that companies such as Disney have actually sued small business owners for using their intellectual property, but would the company I work for be responsible for running an ad that the CUSTOMER requested use property that is not his?
 


Zigner

Senior Member, Non-Attorney
I am in Illinois. I work for a print advertising company that usually runs ads for small businesses. Once in a while, we'll get a small business who wants something like Jiminy Cricket in their ad, 99% likely they never got permission. I understand that this is wrong, and that companies such as Disney have actually sued small business owners for using their intellectual property, but would the company I work for be responsible for running an ad that the CUSTOMER requested use property that is not his?
Whether or not you'd ultimately be held responsible is largely irrelevant - can you afford to fight Disney?
 

quincy

Senior Member
I am in Illinois. I work for a print advertising company that usually runs ads for small businesses. Once in a while, we'll get a small business who wants something like Jiminy Cricket in their ad, 99% likely they never got permission. I understand that this is wrong, and that companies such as Disney have actually sued small business owners for using their intellectual property, but would the company I work for be responsible for running an ad that the CUSTOMER requested use property that is not his?
Yes, you could be held legally liable for infringement if you run an ad that the customer requested if the ad uses unlicensed copyrighted or trademarked material. I suggest you refuse to run any ad without proof that the company requesting the ad has been licensed by the rights holder.
 

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