ebay - is this legal? Selling homemade disney?

[Grumpy's Gal]

I just saw a lot of home made DISNEY scrapbook pages on sale on ebay. Is this legal? Somehow, I thought it was illegal --- something to do with their copyright stuff.......anyone know?

 

[Lisa loves Pooh]

It depends.

Sometimes you can get materials that are not meant for end user and can be used to create something for sale.

Someone asked many months ago about Disney fabric being used to make something and then selling on ebay. I forget what the final consensus was on that.

 

[LoveToDisney]

I use art in my business all the time. The art I have purchased has a copyright and says I can use the clip art within my business to create final artwork to sell as a finished product. (I never take from any source that I have not purchased and received the copyright.) However the copyright states that I can't pick and choose artwork out of the clip art package I have purchased and repackage it as a "clip art" package for sale (basically going into competition with them).

 

[Nik's Mom]

There's always tons of Disney scrapbook stuff on ebay. It never occured to me that it might be illegal.

 

[riu girl]

What about homemade tie dye Disney t-shirts? Are they ever for sale on e-bay? If so, how do I look them up on ebay? I'm not sure if I even know the correct spelling of tie dye.
Thank you
Suzy V.

 

[disneysnowflake]

Well, I think if Disney has a problem with people making doll clothes or even childrens clothing with Disney licensed fabric, or making Disney scrapbook pages or paper piecings they would have stopped the auctions long ago.
I've been purchasing paper piecings in Disney themes for a few years now (when I find one I really like). I've never heard of one being shut down due to copyright.

 

[DMRick]

unless I'm misunderstanding you , you have found Disney clipart with that EULA? Every Disney graphhic software I own, says may not be used on items which will be sold commercially. Everyone of them, and I think I own them all (I use them for personal items, and not for my business). I'd be VERY interested in any Disney graphic software you have found that allows it to be used commercially. I've been back and forth with Disney over the past few years, and legally, I can only use graphics they have sold me a license for, and the amount I have to guarantee them I will sell, is more than my husband and I earn together in our business. Needless to say, I never use Disney. I can't afford the lawsuit.

As for people selling stuff made with Disney digital clipart..no it is against copyright laws unless they have an agreement (and very few ebayers would be bothering with eBay if they could afford the cost). I do know some people who have been vero'd on eBay for using graphics from Disney software. However, if you buy legal Disney piecings/cutouts, stickers, and make a page and sell the page, it's allowed. If you buy Disney piecings and repackage and resell, I can't see how they can vero you.

As for the fabric, that is legal to use, as long as you don't scan it and then try to sell something from it. You must be using the fabric as is.

I suspect, if someone sells a tie dye shirt and announces it's home made, and it's obviously Mickey, if someone reports it, it will be Vero'd.

And if you (you anybody, not you personally) think using Disney that is copyrighted, doesn't come with a price, if you are the one they decide to make an example of, let me tell you, it's expensive. Copyright lawyers are well paid.

I use art in my business all the time. The art I have purchased has a copyright and says I can use the clip art within my business to create final artwork to sell as a finished product.

 

[Nicolepa]

As for the fabric, that is legal to use, as long as you don't scan it and then try to sell something from it. You must be using the fabric as is.

Actually Disney Fabric now says on it (on the ends of the fabric) "Sold for non-commercial home use only." So no you cannot make something and resell.

 

[DMRick]

I don't remember a time when it hasn't said that. However just because Disney says it, really doesn't make it so (oh my gosh, I can't believe those words came out of my mouth).. They are no longer veroing people for using it on eBay. They weren't winning th efight under the First Sale Doctrine:

"The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution."

I've been following Taberone for years, and you can read more abotu this on her site. You can also find her selling...stuff made from Disney material on eBay..and you won't see her vero'd either. In fact there are now lots of people selling items made from fabric on eBay with no repercussions.
http://www.tabberone.com/

Actually Disney Fabric now says on it (on the ends of the fabric) "Sold for non-commercial home use only." So no you cannot make something and resell.

 

[seashoreCM]

Part of the argument would be whether the item was made for the purpose of being sold for profit versus made for personal use, no longer needed, and sold as a means of non-wasteful disposal.

So I would suppose you would get no flak for selling one well worn or slightly worn dress or pillow made of Disney fabric. Still, some other eBay user may call attention to the item and eBay may cancel the listing under their "VERO" policy.

The above refers to items made of Disney materials for which royalties have already been paid. You may not sell items of, say, fabric on which you drew your own Disney characters or Mickey head outlines where such drawings are pointed out in the description or advertising as other than generic defacement or defect.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

 

[DMRick]

The sad part was, Disney was veroing at one time, anything that had their name in it. They still vero people who scan fabric and put the image on, say a light switch. Not as much as they used to, though, because now they have to get through all the other stuff as well. They are not veroing at all, items made out of their material which is a big step. I understand their viewpoint, since they want to sell the pillows, but I guess they can't have it both ways..sell fabric and make issues of how it can be used. Their software is a whole other thing..you can not legally use that to make items and resell, or to resell the actual graphics as part of a set.

So I would suppose you would get no flak for selling one well worn or slightly worn dress or pillow made of Disney fabric. Still, some other eBay user may call attention to the item and eBay may cancel the listing under their "VERO" policy.