Disney? Parody? Transformative?

[sboone530]

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

If you were to want to print images on fabric of designs/art closely resembling Disney images but not exact is there a % rule of change/difference for this? I also have heard something about if you make a Disney character a parody it becomes legal to use for commercial use without licensing. Such as taking Mickey, Minnie, and Goofy and putting spiderman, batman, etc outfits on them. Is that how that works? Also would this be considered transformative? What about an Aladdin image depicting characters very similar to the Disney movie but their shapes were a bit different and their faces? But if you looked you would think they were closely resembling them? I know there is a book this is based on so I do not know if this changes this particular design at all and if it would apply to others such as Alice in Wonderland. Here is clipart for example....
Would these images be legal to mass produce into a tossed design for a profit?
Link 1: https://www.etsy.com/listing/129335169/movie-toys-digital-clipart-instant?ref=listing-shop-header-0

Link 2: https://www.etsy.com/listing/156291549/my-cute-pony-digital-clipart-pony?ref=sr_gallery_6&ga_search_query=my+little+pony+clip+art&ga_view_type=gallery&ga_ship_to=US&ga_search_type=all

 

[quincy]

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

If you were to want to print images on fabric of designs/art closely resembling Disney images but not exact is there a % rule of change/difference for this? I also have heard something about if you make a Disney character a parody it becomes legal to use for commercial use without licensing. Such as taking Mickey, Minnie, and Goofy and putting spiderman, batman, etc outfits on them. Is that how that works? Also would this be considered transformative? What about an Aladdin image depicting characters very similar to the Disney movie but their shapes were a bit different and their faces? But if you looked you would think they were closely resembling them? I know there is a book this is based on so I do not know if this changes this particular design at all and if it would apply to others such as Alice in Wonderland. Here is clipart for example....
Would these images be legal to mass produce into a tossed design for a profit?
Link 1: https://www.etsy.com/listing/129335169/movie-toys-digital-clipart-instant?ref=listing-shop-header-0

Link 2: https://www.etsy.com/listing/156291549/my-cute-pony-digital-clipart-pony?ref=sr_gallery_6&ga_search_query=my+little+pony+clip+art&ga_view_type=gallery&ga_ship_to=US&ga_search_type=all

To avoid infringing on copyright or trademark rights, you would want to get a license to use these images (and, from Disney, the licenses are probably not available).

There is no percentage of change that is guaranteed to keep you safe from a lawsuit. Whether something is a derivative of a work (with derivatives being one of the exclusive rights held by a copyright holder) or whether something is transformative (and, therefore, a fair use of copyrighted material) must often be decided by a court. Whether the creation of a parody, of either a trademark or a copyrighted work, can be seen as a fair use of the trademark or copyrighted work will, also, often be left for a court to decide.

Whenever you want to use rights-protected material, especially if you intend to profit off this material, you are legally safest and smartest to get permission from the rights holder prior to use.

Here is a link to an earlier forum thread that talks a bit more about cartoon characters and what can be considered infringement on a creator's trademark or copyright. You might find it helpful.

https://forum.freeadvice.com/copyright-trademarks-39/copyrighted-characters-406081.html

And for U.S. copyright laws and trademark laws, you can visit the following government websites: http://www.copyright.gov and http://www.uspto.gov


(as a note, I did not check out your links)

 

[TigerD]

Just to add to what quincy said:

Disney protects its interests. The reason copyright laws were extended from 50 years to 70? Because a little mouse was about to lose protection.
Whether you are right or wrong is not relevant, the company can crush you years before a verdict would ever be reached. Put another away, if you have the right of way, you can pull out in front of that speeding semi. But, right or wrong, you will be just as dead. Generally it is not wise to pull out in front of a speeding semi, nor is it wise to pick a fight with a company that discloses results in billions. (2013 revenues were $45 billion -- yeah, with "b")

DC