Mickey Copyright!

[Silverplum]

Thank you all! Appreciate it! Yes, the package does not mention that it is for Home Use only. The Home Use only notice is on the pans, but not on these. Kind of conflicted on what route to take? Do you think contacting an Intellectual Property lawyer would be a good idea?

How much do lawyers charge for giving advice? Haven't done this before!

Edited to add: The package does say that Wilton has license from Disney to make these toppers. It also has the Disney copyright notice on it, saying All Rights Reserved.

The only opinion of your plan that matters is that of Disney. Take photos of your Disney-decorated cupcakes or whatever, print them, and include them in a letter to Disney's legal department, and ask their permission to sell them.

Answered/done.

 

[quincy]

Thank you all! Appreciate it! Yes, the package does not mention that it is for Home Use only. The Home Use only notice is on the pans, but not on these. Kind of conflicted on what route to take? Do you think contacting an Intellectual Property lawyer would be a good idea?

How much do lawyers charge for giving advice? Haven't done this before!

Edited to add: The package does say that Wilton has license from Disney to make these toppers. It also has the Disney copyright notice on it, saying All Rights Reserved.

I am glad you read the packaging. The "All Rights Reserved" is an important notice. Disney is not transferring any rights in their trademarks or copyrights when a consumer purchases a product made by a company licensed by Disney. The license from Disney is to the company only, and it is a restricted license that allows the product to be sold for personal, home-use only (i.e., no commercial uses).

Here are a few links to companies that have licenses to make and sell Disney-themed products. The first link to Cake Art explains nicely the rights they hold and what is and what is NOT allowable when purchasing a product licensed by Disney to Cake Art. The other links, to JoAnn and to Michaels (companies that also hold Disney licenses) have their licenses explained in their Terms and Conditions.

Cake Art: http://cakeart.com/content/48/License-and-Credits-Customer-Service/
JoAnn: http://www.joann.com/terms-conditions.html
Michaels: http://www.michaels.com/terms-and-conditions/ca-terms-and-conditions.html

And, finally, here is a link to The Walt Disney Studios Licensing Website: http://disneystudiolicensing.com/

To answer your question on the cost of an attorney: Attorney fees vary. For a personal review of your proposed use of a product protected under either or both copyright laws and trademark laws, you will want to locate an IP attorney. I suggest you call several attorneys to find out what they will charge for a review. If you have a law school near you, you might find a benevolent (or bored ) IP law professor willing to give you a personal opinion for free.

 

[ast124]

The only opinion of your plan that matters is that of Disney. Take photos of your Disney-decorated cupcakes or whatever, print them, and include them in a letter to Disney's legal department, and ask their permission to sell them.

Answered/done.

You know, I did email Disney at their Permissions Department email address on their website, and this is the response I got -


Thank you for your correspondence requesting information regarding Disney’s copyright policy.

Regrettably, we do not offer our legal opinion as to whether or not someone is entitled to use any Disney properties in connection with a non-Disney related activity. We encourage you to consult a lawyer familiar with intellectual property rights (e.g. copyright, trademark) to determine whether your proposed use may run afoul of any laws.

Your interest is appreciated.


Sincerely,

Permissions Department

 

[quincy]

You know, I did email Disney at their Permissions Department email address on their website, and this is the response I got -


Thank you for your correspondence requesting information regarding Disney’s copyright policy.

Regrettably, we do not offer our legal opinion as to whether or not someone is entitled to use any Disney properties in connection with a non-Disney related activity. We encourage you to consult a lawyer familiar with intellectual property rights (e.g. copyright, trademark) to determine whether your proposed use may run afoul of any laws.

Your interest is appreciated.


Sincerely,

Permissions Department

Right. Disney is not going to answer any legal questions for you. You need to hire your own attorney in your area if you want legal questions answered on any specific legal matter involving specific rights-protected material and if you want a personal review and legal assessment of your proposed idea.

Although I am surprised the Disney form letter you received did not refer you to their website page which lists their copyrights and trademarks, I am not surprised by rest of the content in the letter.

The only way you will get an answer from anyone at Disney is if you are seeking to purchase from them a license to use their material on a proposed project. These licenses are prohibitively expensive for (and generally unavailable to) regular individuals looking to capitalize on a Disney-created work. Disney does not give out their licenses freely. Disney also looks to established companies to make and/or market their own Disney-created material.

Again, look for legal assistance in your area if you are intent on using anyone else's rights-protected material. You should not move ahead with any project that depends on the use of rights-protected material without the express written permission (generally granted in the form of the license) from the holder of these rights.

Good luck.

 

[ast124]

Right. Disney is not going to answer any legal questions for you. You need to hire your own attorney in your area if you want legal questions answered on any specific legal matter involving specific rights-protected material and if you want a personal review and legal assessment of your proposed idea.

Although I am surprised the Disney form letter you received did not refer you to their website page which lists their copyrights and trademarks, I am not surprised by rest of the content in the letter.

The only way you will get an answer from anyone at Disney is if you are seeking to purchase from them a license to use their material on a proposed project. These licenses are prohibitively expensive for (and generally unavailable to) regular individuals looking to capitalize on a Disney-created work. Disney does not give out their licenses freely. Disney also looks to established companies to make and/or market their own Disney-created material.

Again, look for legal assistance in your area if you are intent on using anyone else's rights-protected material. You should not move ahead with any project that depends on the use of rights-protected material without the express written permission (generally granted in the form of the license) from the holder of these rights.

Good luck.

Appreciate it! Thank you

 

[quincy]

Appreciate it! Thank you

You're welcome, ast124. We all appreciate the thanks.

Good luck.

 

[single317dad]

I'd be interested to see the content of licensing agreements for Disney and other IP held by commercial bakeries (e.g. Walmart) who sell character cakes and plaster the trademarks of the character owners all over their advertising books. Beyond a signed agreement with Disney to remarket their IP (with appropriate compensation, of course), I wouldn't be inclined to try that business model.

 

[quincy]

I'd be interested to see the content of licensing agreements for Disney and other IP held by commercial bakeries (e.g. Walmart) who sell character cakes and plaster the trademarks of the character owners all over their advertising books. Beyond a signed agreement with Disney to remarket their IP (with appropriate compensation, of course), I wouldn't be inclined to try that business model.

I would assume the big companies are smart enough to have either acquired licenses from Disney or they are relying on the first sale doctrine by decorating their bakery items with legally purchased Disney items (i.e, that have not been created by the stores or altered/modified in any way) and that they are not advertising the bakery items as Disney items.

Or they have not been noticed by Disney lawyers yet.