I am in possession of 11 pairs of Mouse Ears

[tlbwriter]

That's why I posed my question, though. If they were that vigilant there wouldn't be 50+ active auctions (not counting those that have already sold) of custom Vinylmation featuring Disney characters on them. It's not that difficult to find them on eBay. So, something tells me that what the customizers are doing is legal in some sense.

If they're taking a blank "canvas" and putting a Disney character on it, without Disney's permission, then they are absolutely violating copyright law, in every sense (unless it falls under the very limited "fair use" portion of the law, but I can't see how these would do so). Now, it may be that this is what Disney actually wants people to do with those blanks, and there is express or implied permission given to do so. Or it may be that Disney has some other reason for not stopping those auctions. But you should never assume that use of a copyright protected character is legal simply because no one has put a stop to it.

 

[daughtersrus]

I'm not understanding why what the OP is doing may be a violation.

If I'm understanding it correctly, she purchased the ears and is now decorating them. She didn't make the ears herself or hire another company to make them.

 

[Toad_Passenger]

If they're taking a blank "canvas" and putting a Disney character on it, without Disney's permission, then they are absolutely violating copyright law, in every sense (unless it falls under the very limited "fair use" portion of the law, but I can't see how these would do so). Now, it may be that this is what Disney actually wants people to do with those blanks, and there is express or implied permission given to do so. Or it may be that Disney has some other reason for not stopping those auctions. But you should never assume that use of a copyright protected character is legal simply because no one has put a stop to it.

Yes, they are marketed as "Create Your Own."

The back of the box (I have one right here) says:

This box contains one Create Your Own Vinylmation 3" vinyl figure that you can design and decorate yourself. Paint it. Draw on it. Glue stuff on it. Dress it up. Now you can do whatever you want to your very own Create Your Own Vinylmation.

 

[LIDisneyFan]

I'm not understanding why what the OP is doing may be a violation.

If I'm understanding it correctly, she purchased the ears and is now decorating them. She didn't make the ears herself or hire another company to make them.

The images (including the ears logo) is copyrighted. If she uses copyrighted materials to make a profit, then it is copyright infringement.

Sverela years ago, Disney sued a school for singing Lion King songs at a concert where the school had charged admission.

 

[tlbwriter]

I'm not understanding why what the OP is doing may be a violation.

If I'm understanding it correctly, she purchased the ears and is now decorating them. She didn't make the ears herself or hire another company to make them.

Well, one of the ears was decorated with added Disney characters. It may be a violation to take those characters, put them on something else, and sell it. I know this has been a confusing issue in the past. If I remember right, Disney tried to stop people from taking fabric with Disney characters and selling items made from it. But I don't remember what the outcome was. I do know that creating your own versions of Disney characters, rather than buying them from a licensed source, is definitely a violation.

Yes, they are marketed as "Create Your Own."

Then it's entirely possible that Disney wants you to put Disney characters on them. But if that's the case, it would be limited to those particular Vinylmation blanks. Not to any other products.

 

[DisneyScraps]

The ears I purchased are legitimate Disney ears they were seconds in that the embroidery is messed up on them. I am going to alter them.

I do not see a copy write violation because I am not producing them I am just altering. I am doing it on a handmade level.

If I was producing my own Mouse Ears they might have an issue with it. I am not doing that. I am buying theirs.

There is usually a relationship with crafters that if it's handmade for what they used to call "pin money" it's allowed. How is someone able to sell a scrapbook page with Disney stickers on it? Check Etsy or Ebay they are full of them. People make and sell autograph books using Disney images. People make tee shirts with Disney images and there are lots of people that do embroidery on shorts of Disney images. Because it's handmade it is allowed.

I believe the women that lost her embroidery machine was mass producing items.

I am scrapper and Disney has a number of cartridges for the Cricut. We are allowed to make things and sell them as long as it's not mass produced.

If I honestly thought I was doing something wrong I would not do it. if Disney tells me to stop I will. I doubt I am going to end up in a lawsuit over a few pairs of Mouse Ears.

 

[happygirl]

The ears I purchased are legitimate Disney ears they were seconds in that the embroidery is messed up on them. I am going to alter them.

I do not see a copy write violation because I am not producing them I am just altering. I am doing it on a handmade level.

If I was producing my own Mouse Ears they might have an issue with it. I am not doing that. I am buying theirs.

There is usually a relationship with crafters that if it's handmade for what they used to call "pin money" it's allowed. How is someone able to sell a scrapbook page with Disney stickers on it? Check Etsy or Ebay they are full of them. People make and sell autograph books using Disney images. People make tee shirts with Disney images and there are lots of people that do embroidery on shorts of Disney images. Because it's handmade it is allowed.

I believe the women that lost her embroidery machine was mass producing items.

I am scrapper and Disney has a number of cartridges for the Cricut. We are allowed to make things and sell them as long as it's not mass produced.

If I honestly thought I was doing something wrong I would not do it. if Disney tells me to stop I will. I doubt I am going to end up in a lawsuit over a few pairs of Mouse Ears.

They will tell you to stop, I'm willing to bet someone has already informed them of what you are doing

 

[happygirl]

Yes, they are marketed as "Create Your Own."

The back of the box (I have one right here) says:

Sure you can create them, they don't want you to sell them

 

[tlbwriter]

The images (including the ears logo) is copyrighted. If she uses copyrighted materials to make a profit, then it is copyright infringement.

Sverela years ago, Disney sued a school for singing Lion King songs at a concert where the school had charged admission.

Well, it's not that simple. Taking your ears, holding onto them until they become a valuable collectible, and then selling them for a profit is not infringement. It's not the profit that's the problem (though profit does matter for fair use, this isn't a question of fair use), it's the use of those images to create your own product.

I believe the concert would have been a public performance issue, which is a little different.

 

[Magic Mom]

I didn't know we were allowed to sell stuff on the Dis. I'm going to have to dig out the glue gun.

 

[Jennasis]

There is a chance you won't be caught. But if/when you are caught, what you are proposing is illegal and a copy RIGHT violation. Good luck though! I like the second one you posted a lot.

 

[tlbwriter]

I am scrapper and Disney has a number of cartridges for the Cricut. We are allowed to make things and sell them as long as it's not mass produced.

Actually, according to a forum on their website, this is prohibited:

2. Any craftwork to be sold must not incorporate third-party copyrighted material. The craftwork must contain only Provo Craft products that are sold under the Provo Craft trademark.

The Disney cartridge is licensed to Provo Craft but is still labeled © Disney, so it's a third-party copyrighted material.

 

[DisneyScraps]

I am not selling anything here the ears that I showed are our own personal rears worn on a recent trip. I got such positive feedback from people and Cast Members that I thought I would make a few more pairs for Ebay and see if there was interest.

Ebay is full of people that make Disney items if it was not allowed they would not be on there.

I appreciate the people that are worried about me but I honestly think that I am fine. The stickers that I used on my daughter ears was purchased AT Disney it was put on something we made, that is what it's intended for.

 

[LIDisneyFan]

Well, it's not that simple. Taking your ears, holding onto them until they become a valuable collectible, and then selling them for a profit is not infringement. It's not the profit that's the problem (though profit does matter for fair use, this isn't a question of fair use), it's the use of those images to create your own product.

I believe the concert would have been a public performance issue, which is a little different.

Agreed....and thanks for clarifying.

I am not a lawyer, and I don't play on on TV (or message boards) either!

 

[Toad_Passenger]

This guy has made 22 of these, all intended for resale. They are awesome, but is he infringing on A) Disney due to the likeness of Mickey, AND B) Columbia Pictures for the Ghostbusters outfit?

To me, it's handcrafted, not a true licensed image, but, again, it all seems so confusing. Especially, as many pointed out, these are not hard to find, and, if Disney was so vigilant, would be easy to stop.

Lonesome Ghost buster Mickey Vinylmation 1 Urban Custom

 

[tlbwriter]

Ebay is full of people that make Disney items if it was not allowed they would not be on there.

Again, this is absolutely not true. Speeding is not legal just because I regularly get away with it.

 

[budmonster]

Ever think of making theses?

I just LOLd when I saw that.

I spit Coke on my work computer when I saw that.

OP I say go for it. If Disney contacts you and tells you to stop then you'll know you can't sell them, until then sell away. There very cute. Are they heavy on your head?

If you want to know for sure if you can do this or not then contact Disney HQ or Business office (not sure exactly who in Disney) and ask them. Just be sure to get the name and position of the person you're talking to if they say you can do it.

 

[tlbwriter]

I am not a lawyer, and I don't play on on TV (or message boards) either!

I play a lawyer on the internets when I have some free time after playing a doctor.

 

[Toad_Passenger]

I play a lawyer on the internets when I have some free time after playing a doctor.

I read this too quickly and thought you said, "free time after PLAYING DOCTOR!"

 

[klmall]

Laughing at VanGogh Mickey and wondering who is going to be sued?

Browsing DIS on my break at work has never been so much fun!