Using Disney characters on a mural

[nickweboffer]

I am involved in a community revitalization project in a rural area of Taiwan. As part of the effort, a local artist has proposed to construct a 3-D mural with 5~6 Disney characters. The finished work will resemble the characters but won't be 100% replicas. Is this considered "fair use" or "transformative use"? Is there any copyright or trademark issues that need to be considered before going forward with this proposal? Is permission or authorization required in this case? Thanks in advance for any advice.

 

[quincy]

I am involved in a community revitalization project in a rural area of Taiwan. As part of the effort, a local artist has proposed to construct a 3-D mural with 5~6 Disney characters. The finished work will resemble the characters but won't be 100% replicas. Is this considered "fair use" or "transformative use"? Is there any copyright or trademark issues that need to be considered before going forward with this proposal? Is permission or authorization required in this case? Thanks in advance for any advice.

You would be violating both the trademarks and the copyrights of Disney if you go ahead with the mural of Disney characters. Disney is not shy about suing, regardless of where the infringement on their rights occur.

You could inquire of Disney if they would allow for the use of their rights-protected material for the community revitalization project, however. They may (but probably won't) issue a license for use. Here is a link to the Walt Disney Company site that has information on licensing: http://thewaltdisneycompany.com/disney-companies/disney-consumer-products

For trademark and copyright laws in Taiwan, here are three links - the first to Taiwan's Intellectual Property Office (TIPO), and the other two to a law firm website (Wang and Wang), included only because the firm provides good overviews of the trademark and copyright laws of Taiwan:

http://www.tipo.gov.tw/np.asp?ctNode=6690&mp=2

http://www.wangandwang.com/intellectual-property/intellectual-property-overview-taiwan/trademark-law-taiwan

http://www.wangandwang.com/intellectual-property/intellectual-property-overview-taiwan/copyright-law-taiwan