Is it legal to use stuffed animals in my videos?

[breakaway]

I was planning on uploading some videos onto Youtube where I use stuffed animals as characters. They would act like puppets. Is this legal?

 

[lowenstat]

Not an attorney.

You might want to post a little more about what stuffed animals you are going to use, company name, trademarks in the shot and what you plan on having them do in your video.

I would imagine this is artistic in nature. However, if company x doesn't like what you are doing with their animals then they might have a problem.

More info the better so you can get a good answer from an attorney here.

 

[breakaway]

Well it's not famous...it's not based on a tv show or movie or anything....it's just a random stuffed animal that I would use as a puppet as part of a play.

 

[divgradcurl]

If it is not a famous or recognizable character, then you are unlikely to encounter any issues.

 

[lowenstat]

divgradcurl,

Just curious, why does it have to be famous or recognizable character, etc to have a problem?

Is that a function of the law or is it it still possible infringement but since not famous who is going to know?

In this case what would they argue - creating a bad image and ill will for their products?

Thanks

 

[divgradcurl]

divgradcurl,

Just curious, why does it have to be famous or recognizable character, etc to have a problem?

Is that a function of the law or is it it still possible infringement but since not famous who is going to know?

In this case what would they argue - creating a bad image and ill will for their products?

Thanks

Because unless the stuffed animal is a famous or recognizeable character, it is unlikely that the maker has obtained any trademark protections for the character, and therefore has nothing to enforce if the OP decides to make a movie.

Mickey Mouse is, of course, covered under trademark laws, and any use of a Mickey Mouse stuffed animal in a movie (as a character) would likely be infringing on the MM trademark. But some random bear is unlikely to be covered by trademark, so use of the bear as a character would not be infringing.