Disney Copyright Law

[nrose101]

I am just curious about disney copyright law. I created a logo of three circles for something that I am selling online. I have t-shirts made at cafe press for them. They took it down stating that it disney owns the copywrite. Where do I go to get information about this. I need help desperatly! Thanks.

 

[Mary Ellen]

I 'think' there was a letter about this in a Sew News I received the other day (Aug, issue?) - dealing with the copywrite of Disney embroidery motifs. There was a source given for contact info. I can't find my copy right now. If you don't know anyone who subscribes, try your local library or bookstore/magizine stand.

Good Luck

 

[phamton]

That reminds me of this, not so happy story of daycare centers using Disney characters: http://www.snopes.com/disney/wdco/daycare.htm

I know that members of the newsgroup: rec.arts.disney.parks had a pin with Disney logo and were told to remove it.

 

[nrose101]

Thank you for the information. I will keep on reasearching it I guess and try to find a copy of the magazine.

 

[Kermit]

Disney is very particular about their copyright. They won't grant you a license to use their stuff unless you're willing to pay them dearly for it and you can prove that your product is up to their standards. Even if you buy fabric that has Disney characters on it, it will say on the salvage that it's for home and personal use only. In other words, you aren't even supposed to sell clothes that you make with their fabric.

 

[Mary Ellen]

Sorry, I was close but NO cigar. I found the question in the magazine, but it in this case it was about using Disney licensed fabric to sew children's clothes for sale. fyi - in that instance you'd contact the manufacturer of the fabric to contact the licensing company.

Sorry

 

[LarryE]

I'm glad that there is a copyright law and disney retains all rights..

I wouldn't want to see the content disney's logo and characters would be used on if there wasn't copyrights

 

[nrose101]

Actually all I am using is a photograph I took of the monorail, and three circles in a another image. I really can't understand why there is a problem

 

[Geoff_M]

That reminds me of this, not so happy story of daycare centers using Disney characters: http://www.snopes.com/disney/wdco/daycare.htm

I know that members of the newsgroup: rec.arts.disney.parks had a pin with Disney logo and were told to remove it.

There are times when companies seem like bullies over copyright enforcement, but there's one factor people often don't realize. By law, if one can show that a copyright holder knowingly allowed their copyrighted material to be used without permission, it can be used as a basis to invalidate the copyright. In order to keep it, you have to demonstrate that you have enforced it. So when a company finds that its intellectual property has been used without its permission, it really can't "look the other way" for a good cause. However, that doesn't mean that they can't come to some sort of mutual licensing agreement with the other party.

For example, I'm envolved with a youth program that occassionally uses corporate mascots from a large company to promote our local group. We approach them, and pitch our idea. If they agree to let us use their copyrighted characters, we can do so, but they have to create and approve the art work used. We can suggest ideas for the artwork, but their artists have to generate the work. I believe this requirement is pretty common and I think this was one of the problems with the day care example. It was a bad PR event for Disney, but from the article it appears that Universal followed the model I mentioned... they came in and did the artwork themselves... with great fanfare. I doubt that if the roles had been reversed, the outcome would have been different.

With regard to the "three circles" mouse head design, I bet Disney owns a copyright on that one too... particular if the designed is used with anything that can construed as being about "Disney". For example, if you designed a polka-dotted dress that contained a "hidden mickey", you'd be safe... but if you made a shirt that had printed on it the three circle mouse head and the word "Florida", you'd be dead meat. The difference is if it can be shown that the average person would look at your work and think "Disney".

 

[nrose101]

Thanks for your all the posts I appreciate your help with this.

 

[Geoff_M]

Actually all I am using is a photograph I took of the monorail, and three circles in a another image. I really can't understand why there is a problem.

If the two images appear together... I'd say you can expect a "nastygram" from Disney legal if they see it.