I need advice...How well do you think a hand painted Mickey stepping stone would sell

[My2BabiesLexis&Dill]

Ok...here is my dilemma...I just started a new job at the Postal Service but it's only 1 day a week and our first trip to Disney is Feb. 06. I have sold a few things on ebay but not allot. So I need some help on whether or not if this would sell. I made my sister a Mickey and Minnie hand painted stepping stone for her birthday this past february. I was just wondering if they would sell on ebay? I have also made Pooh,Tigger, 101 Dalmations, and some other characters for my friends and family this past Christmas. Any ideas would be greatly appreciated.....

 

[Earstou]

Well, first you have to worry about copyright laws and secondly, how much would it cost to ship something like that, would people be willing to pay it???

 

[My2BabiesLexis&Dill]

Well I've been thinking about this for a couple of days now since my family brought it up to me. I have found that the cheapest way to send them is thru Fedex and at the most it would be like 10.00. Any other suggestions would be greatly appreciated.

 

[DisneyGirl]

You can always try and see if it sells with one or two and then make a decision (what exactly is a stepping stone??)

You may want to brush up on the Copyright laws, though. Entertainment companies are really cracking down on copyright infringement, and there is no ignorance defense (saying you weren't aware you are infringing copyright). There are both civil and criminal penalties. The civil penalties begin at (I believe) $7500 per infringement, and I think go up to possible $250,000 per infringement. Chances are, they would just ask you to take the auction down, but you never know if they decide to take it a step further.

 

[CheapMom]

I might be interested in something like that. Do you make them already- Do you have pictures?

 

[DMRick]

You would be vero'd pretty quickly on eBay. If you were decoupaging a Mickey or Minnie onto a stepping stone, (you would not be able to use a print out, but fabric or stickers) you would prob be alright thanks to a gal who has been spending a lot of time in courts with Disney (http://www.tabberone.com/). But to paint it free hand..it's not worth it. Disney charges first, and asks questions second. Do I think they would sell well, if they were allowed? Especially if you personalized them? You betcha, but those darn old copyright infringement laws would eat up your profit

PS too bad, because with the new flat rate boxes, the shipping wouldn't even be too much! Myself, I'd love them LOL!

 

[Aidensmom]

If you have a decent number of them, have you thought about trying to sell them at a flea market? No shipping costs involved there so people may be willing to pay more for the actual product.

 

[va32h]

Disney is one of the strictest enforcers of their copyright. Any commercial use of their trademarked images is going to get you in trouble...assuming the powers that be at Disney find out.

 

[DMRick]

Disney is one of the strictest enforcers of their copyright. Any commercial use of their trademarked images is going to get you in trouble...assuming the powers that be at Disney find out.

Actually, a lot has changed recently. Go to the website I posted above. You can now make items using Disney material (like pillows, etc), and light switch covers, and fan blades, using stickers and material. It's gone to court and been proven out. It's the hand painting that I think will still be a problem.

 

[va32h]

Oh I've read tabberone's website. Good for her that she has won so many cases - but that doesn't mean that the copyright holder won't pursue any case they see as infringment.

 

[DMRick]

Oh I've read tabberone's website. Good for her that she has won so many cases - but that doesn't mean that the copyright holder won't pursue any case they see as infringment.

As far as I know, from many many people who have been allowed to keep their items up on eBay and websites, and sell at craftfairs, at this time Disney is not pursuing people that are using the material, etc, as I said. tabberone has spent a lot of money which has helped a lot of other people. Which to me make's sense, if they sell the material people should be allowed to use it.
But you are right, and I didn't mean to make light of it..they are still pursing infringement, and I think (no copyright lawyer here, so that's why I say I think) this would fall under that. And Disney still does hold on strongly to what they feel is theirs. I have been following some hand painted items up on eBay for the past couple of months, and while most have been vero'd, others have not been. I haven't seen one item using Disney products (as in material and stickers, etc) disappear unexplained yet. Because I sell personalized items, I have been carefully watching and paying attention to this. I'm only watching Disney..I have no idea or interest in other copyright/trademark holders.

 

[DisneyGirl]

Actually, a lot has changed recently. Go to the website I posted above. You can now make items using Disney material (like pillows, etc), and light switch covers, and fan blades, using stickers and material. It's gone to court and been proven out. It's the hand painting that I think will still be a problem.

I just went and looked at that website-- Disney settled with the parties in question-- this does NOT preclude any future lawsuits against other parties. It should be ok if you use the Disney fabric (the reason this is not Copyright infringement is that the fabric is created and made for crafts). You may be able to get away with something else that you can buy at a store that is made for crafting (the idea being, this is already licensed).

But, as for drawing yourself, or using something that is questionable as to whether or not it is licensed, you are still at risk for a lawsuit.

-DisneyGirl (who wants to see reduced Copyright protections because I think they have recently been abused from several angles)

 

[DMRick]

I just went and looked at that website-- Disney settled with the parties in question-- this does NOT preclude any future lawsuits against other parties. It should be ok if you use the Disney fabric (the reason this is not Copyright infringement is that the fabric is created and made for crafts). You may be able to get away with something else that you can buy at a store that is made for crafting (the idea being, this is already licensed).

Actually, up until now, you could not use the material, stickers etc, on anything you sold, because it was not made for crafts you sold, but personal use, as were most if not all copyright (graphics) material. Because of these lawsuits by Tabberone, (and others now) however, the "first sale doctrine" law has now been being honored by Disney (you can find this by doing a google search), so it does appear that future lawsuits are no longer happening, on items premade. However, you still are not suppose to scan a Disney picture or item you have with a Disney character, or buy a Disney software, find Disney graphics on the web and use those pictures/graphics on an item, and I would say that would not cover hand painting.

 

[4fordisney]

How about a change of focus....could you make your own design and maybe even personalize them? I think it is an excellent idea with the flat rate shipping available now. As long as they don't exceed 70 pounds you can use the flat rate shipping boxes.

 

[grlpwrd]

Yes, drawing or handpainting yourself of a copyrighted design may not only set you up for litigation, but you also risk being reported on ebay by just about anyone (not just Disney) for infringement which could also be very inconvenient and timely since you risk having your auction(s) closed/pulled.

GL! Your endeavor sounds promising - just make sure it's legal.

 

[4fordisney]

I've seen some original designs on stepping stones in a local garden shop. One had a garden scene on it. It was beautiful. Another was made to be a headstone for a departed pet. You could offer several designs and then put their first name and/or last name on it....maybe even their house number if they can hang it.

 

[eileenfk]

There are probably no copyright lawyers reading this, and the answer to my question is probably up to legal interpretation anyway.
I am wondering if one can use disney clipart, that they purchased (licensed clipart) on items for sale?

- Eileen

 

[LindaBabe]

The other thing I'm thinking is - you're only one day a week at the post office NOW, but wait til summer vacations and the pre christmas rush! I have a feeling you're going to get lots of hours between now and February of 06!

 

[DisneyGirl]

Actually, up until now, you could not use the material, stickers etc, on anything you sold, because it was not made for crafts you sold, but personal use, as were most if not all copyright (graphics) material. Because of these lawsuits by Tabberone, (and others now) however, the "first sale doctrine" law has now been being honored by Disney (you can find this by doing a google search), so it does appear that future lawsuits are no longer happening, on items premade. However, you still are not suppose to scan a Disney picture or item you have with a Disney character, or buy a Disney software, find Disney graphics on the web and use those pictures/graphics on an item, and I would say that would not cover hand painting.

Well, you actually *could*, it was just that some companies were suing anyway (possibly trying to extend the first sale doctrine, which has been around for awhile)-- If they have valid grounds for extension (or an argument that the person who they were suing was actually violating the first sale doctrine), there is nothing wrong with the suit (except they likely would lose, which, it appears, they have decided would happen )

Now, with trademarks, they may have some claims, but I don't know a ton about trademark law.

Disney is one of the biggest proponents of extension of copyright law-- I'd like to see it narrowed so that it protects the artist, but that won't happen.

 

[DisneyGirl]

There are probably no copyright lawyers reading this, and the answer to my question is probably up to legal interpretation anyway.
I am wondering if one can use disney clipart, that they purchased (licensed clipart) on items for sale?

- Eileen

You'd want to start by reading the license that came with the clipart-- there may be a clause that allows or disallows use of the clipart on items for sale.

I don't know the answer for sure otherwise, but my inclination (and purely my inclination, so don't go by this) is that it is similar to the fabrics.