Copyright and Disney

[indigomadows]

What is the name of your state (only U.S. law)? OH

Hello all!

I have been delving into copyright issues. I will have another post soon. I have a question about Disney.

I have read here and elsewhere that Disney is somewhat... militant... about their use of their characters. Understandably, but still militant.

However I have seen... on more than one occasion... people using Disney characters for different things. For instance on T-Shirts, coloring books, hand made items etc.

Isn't this a violation of copyright or trademark? Especially if the products are being made to sell. Not just as gifts but in a business to sell and make money?

I ask because I have a few products I would like to make and I don't want to bring the wrath of Disney (or other franchises that I'd like to make some things for) down on me.

What say you?

 

[quincy]

What is the name of your state (only U.S. law)? OH

Hello all!

I have been delving into copyright issues. I will have another post soon. I have a question about Disney.

I have read here and elsewhere that Disney is somewhat... militant... about their use of their characters. Understandably, but still militant.

However I have seen... on more than one occasion... people using Disney characters for different things. For instance on T-Shirts, coloring books, hand made items etc.

Isn't this a violation of copyright or trademark? Especially if the products are being made to sell. Not just as gifts but in a business to sell and make money?

I ask because I have a few products I would like to make and I don't want to bring the wrath of Disney (or other franchises that I'd like to make some things for) down on me.

What say you?

The people you have seen selling Disney items have either secured a license from Disney to use the rights-protected characters or they are violating Disney copyrights and trademark rights and may incur Disney's wrath sooner or later. They may not have been discovered yet (although Disney is pretty good about scouring the market for infringers).

What often happens with the infringing material being offered online is that it will just be pulled from the market with threats from Disney of a lawsuit if the seller continues their illegal sales.

 

[Silverplum]

Why shouldn't Disney protect their rights?

 

[indigomadows]

I thought so.

I did some further reading though and it looks like if you have drawn your own rendition of the characters then that wouldn't be copyright infringement? Is that correct or am I off base? I plan on inquiring with Disney but thought I would cover all bases.

 

[Just Blue]

Why shouldn't Disney protect their rights?

I know...They spent enough money developing Mickey, Minney and all the rest, they should have ALL rights to them.

 

[quincy]

I thought so.

I did some further reading though and it looks like if you have drawn your own rendition of the characters then that wouldn't be copyright infringement? Is that correct or am I off base? I plan on inquiring with Disney but thought I would cover all bases.

No, it is not correct that you can draw your own rendition of the characters to escape an infringement notice/lawsuit.

One factor looked at in a comparison of characters is the similarity between their appearance and, if a mouse resembles Mickey, it can be infringing on Disney's rights. Another factor is a similarity in their actions - if it looks like a duck and quacks like Donald, it can be infringing on Disney's rights. If the character looks nothing at all like the rights-protected character, and speaks nothing like the rights-protected character, but has other similarities (if the duck has three duck nephews), then that can infringe on Disney rights.

There was a lawsuit over the Superman character years ago which addressed well the factors looked at when comparing and contrasting characters. I will see if I can dig up a link somewhere.

The safest way to make products that carry any characters is to create totally original characters yourself or to get permission from the rights-holder to use their character. Disney is very selective in offering licenses and the licenses are extremely expensive - but it definitely smartest and safest to inquire about and acquire a license than it is to create goods with Disney characters on them without permission.


edit to add, not the Superman suit I was thinking of, but another one of the many:

Warner Brothers v. American Broadcasting Company, 720 F.2d 231 (2nd Cir 1983): https://www.law.cornell.edu/copyright/cases/720_F_2d_231.htm

 

[FlyingRon]

Note that even if you somehow manage to sidestep the copyrights, you still have the trademark issues to worry about. Even if you came up with a completely independent character art, if it was close enough to one of Disney's to induce confusion with their marks, you'd be infringing.

 

[quincy]

Note that even if you somehow manage to sidestep the copyrights, you still have the trademark issues to worry about. Even if you came up with a completely independent character art, if it was close enough to one of Disney's to induce confusion with their marks, you'd be infringing.

There was an interesting case recently settled between Disney and Deadmau5 over Deadmau5's attempt to register a "mouse head" as a logo. Disney opposed the registration as infringing on their Mickey Mouse logo. Although the terms of the settlement have not been released, it can be noted that Deadmau5's mouse head logo has been "abandoned."

You can check out the abandoned (DEAD) logo registration through a TESS search, where it is easy to see the similarity between Deadmau5's mouse and Disney's Mickey mouse. http://tmsearch.uspto.gov