Disney Copyright

[Simba07]

I need to vent and get opinions. My daughter wanted to try something new for autographs this year, so we picked pillowcase. She drew pictures of icons from the 4 parks. She is 6 so while they are recognizable, and not bad for a 6yo, they do not have more than a vague resemblance to anything Disney would do.

I was going to do iron on to the pillowcase, but then the school was doing a fundraiser involving the kid's art, so I decided why not let them put it on the pillow for me. Well, I find out today that they (the group who prints the kids' art items) are considering her art a copyright violation. If we had used photos or actual Disney art I would be in total agreement. And I know Disney has been going after some Etsy folks. But a kid's crayon drawing of a castle and ball? Am I being naive about how strict the law is?

 

[cluvsdisney]

I am not incredibly versed about copyright infringement but from my exposure at work (we have our own brands), the images presented can not easily/reasonably resemble another protected mark/image. So basically, if someone looking at the pictures automatically thinks Disney...it's too similar.

 

[wisblue]

A company like Disney has to be very vigilant about protecting its valuable trademarks and copyrights.

A company that does things like print T-shirts and other items is right to be reluctant to produce anything that might be seen as violating any of those rights. They don't want to be in the position of deciding what is or isn't a violation of Disney's rights, so they are wise to err on the side of caution.

 

[ghtx]

A company like Disney has to be very vigilant about protecting its valuable trademarks and copyrights.

A company that does things like print T-shirts and other items is right to be reluctant to produce anything that might be seen as violating any of those rights.

Ditto.

Sorry OP that it upset your daughter, but seems like a reasonable thing for the copy shop to worry about.

 

[chartle]

I need to vent and get opinions. My daughter wanted to try something new for autographs this year, so we picked pillowcase. She drew pictures of icons from the 4 parks. She is 6 so while they are recognizable, and not bad for a 6yo, they do not have more than a vague resemblance to anything Disney would do.

I was going to do iron on to the pillowcase, but then the school was doing a fundraiser involving the kid's art, so I decided why not let them put it on the pillow for me. Well, I find out today that they (the group who prints the kids' art items) are considering her art a copyright violation. If we had used photos or actual Disney art I would be in total agreement. And I know Disney has been going after some Etsy folks. But a kid's crayon drawing of a castle and ball? Am I being naive about how strict the law is?

I'm a little confused on who "They" are and exactly what service they were providing. Where they going to use her art for something that would be sold?

 

[princessmocha]

I'm a little confused on who "They" are and exactly what service they were providing. Where they going to use her art for something that would be sold?

I think, and I could be way off base, but even though they are not selling her art, they are making money by printing it on the pillowcase and therefore profiting. That is why they cannot do it. Kinda like with the photopass pictures, you have to have a release to print them at a store because they don't want to be seen as profiting from something that Disney did, they need permission to print them.

OP - so sorry they could print it for you. I hope you are able to get it on the pillowcase for her.

 

[Lavitz]

People are just covering their behinds. What I've found is the bigger the place, the more likely they are to be extra careful like this. If you go to a small shop say in a mall that offers theses services you are likely not to have any problem since the owners usually think the guaranteed income outweighs the probably that Disney has spies at Mom&Pop Printers in Smallville USA.

 

[figment forever]

they're nuts and I'm sure Disney is not gonna come after you or whatever group this isfor a 6yr old drawing the icons on a pillowcase.

if the group running the fundraiser thinks that is copyrighting then they should see my BODY. I have a figment tattoo as you can see from my avatar pic and I have a mickey mouse tattoo.

I'd get her pillowcase back and let them find donations a different way and you can do some iron ons and let your child keep it and be happy.

 

[cmpeter]

I think they are just being extra careful, especially if you were going to pay them. I wouldn't fault them for that.

I would instead buy some inkjet iron on transfer paper and get the image on the pillowcase myself.

 

[jtowntoflorida]

The copy shop's position is ridiculous. It's a drawing made by a child! I do agree, though, from own personal experience that copy shops are over the top conservative about this.

 

[HopperFan]

For many years I was involved at our local elementary with the arts program fundraiser that creates gifts and items from the kids art like you are talking about. I handled all the orders and processed them, pulling the ones that could not be reproduced. The characters are legally protected and while Disney may not go after you - say you make your own Disney autographed books they are not going to bother going after you, but if you tried to print some autograph books at a commercial printer - that is a not okay with them.

I also headed the local and council division of the National Arts Competition including hiring the judges and versing them in the rules that must be followed. Before any work even got to the judges I looked at each piece to see if they were automatic disqualifications. The rules are very clear about this, you can not create arts or work with "copyrighted cartoon characters or likeness." Sadly every piece that was any kind of depiction of a Disney, Marvel, DC, Hanna Barbara etc character was disqualified before it ever got to a judge. (and yes this was clearly stated on all entry rules forms)

The program was correct in what they did. I would just do the iron on route.

 

[summerw]

Unfortunately as PPs have said the print house is following the law. In all reality, probably Disney would never come after them, but why would they risk breaking the law and what could be a very expensive lawsuit to make a few dollars off the item? I agree you should find someone smaller or maybe someone on Craig's List if you don't want to iron on yourself.

I work as a graphic designer and am often soothing clients who want to use protected materials. Personally, I created a bunch of designs for shirts for an upcoming trip. Since I knew no shop would print them, I'm making them myself with iron-on material. DS5 is super excited about the project. Maybe it would be fun for you and your daughter to do together?