I am in possession of 11 pairs of Mouse Ears

[Feralpeg]

In this case, the law isn't tricky at all. If she's creating Disney characters without their permission, she's violating their copyright. Period. The fact that she's creating them by hand is completely irrelevant (and Disney's past successful litigation against people doing exactly the same thing is proof of that). The only tricky thing is figuring out why Disney decides to send a cease and desist letter to some violators and not others. If you can figure that out, you might make some money.

Exactly. Creating their copyrighted images by hand does not protect her. It is just a matter of time before Disney finds her.

Awhile back, there was a woman doing beautiful scrap book embellishments of Disney attractions using Disney characters. Needless to say, it took awhile, but she is no longer doing them.

 

[MrsJackSparrow4Life]

This is where I'm confused by copyright laws. So, Disney would actually sue someone over this. However, any Vinylmation fan knows that countless, independent, artists use the "Create Your Own" Vinylmation blanks to make their own Disney creations and sell them for $100's of dollars. This has been going on for years, and none have ever been "shutdown."

I've seen custom Tron VM's, and countless other Disney characters, without any sort of repercussions. So, somewhere there is room to negotiate these waters legally.

Disney sells the create-your-own Vinylmation kits so it is more of a resale thing I believe. I could go onto ebay and sell some of the Disney Stuffed animals I have purchased through them but I couldn't make a stuffed animal of my own and then sell it on ebay.

I don't know which situation the OP actually falls under because copyright law is really confusing like you said. My gut says she would probably be fine but I wouldn't want to be on the other side of a lawsuit with Disney so I wouldn't take any chances.

 

[MAH4546]

I'm a lawyer. I specialize in trademark/copyright. In my opinion, you are fine, don't worry. This is nothing like using Disney images on t-shirts. You are creating a derivative work with substantially enough orginitality that copyright infringement isn't an issue. It is an issue if you incorporate Disney trademarks into your design past using just the hat as a base. So don't design a Mickey Mouse out of jewels.

And this is coming from somebody who works for the "evil" corporations, not the little guy.

ETA: Never mind, I just noticed the hat designs. It's a problem. You need to remove the Disney characters from one and the Mickey head outline from the other. Then it's a nonissue.

 

[rie'smom]

OP, they are cute, but you knew you would get some backlash from the Dis. Come on, this is the site where all the moral police sit in wait....hoping for a thread like this.

There is a section on the boards, dedicated to craft and design. That might have been a more appropriate place to post.

Also, don't get too upset when you see tons of people copying your idea. Rather than try to profit from your creativity, why not share your technique in a how-to in the Dis design page?

Good luck!

No one is trying to be "moral police". We were trying to prevent a fellow DIS member from getting into trouble. As was previously posted someone here - a fabulous designer and very nice person-did get into a legal mess with the mouse. We would not like to see it happen again.

 

[DMRick]

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.

That is incorrect. You need to read the all the info that comes with this. The same goes for the embroidery..they clearly say in the eula that comes with the Disney characters not for commercial use. Even hand made is considered commercial use. You are allowed to use what you make and give them away. Once you sell them it's a different story. Disney has a eula (end use license) on all of those products. If you aren't sure, you can ask them. I know you can use their stickers to create something and resell it, but you cannot scan the sticker and use the scan on something and resell it.

Although I have been very involved with copyrights, I have no idea where the ears would fall. If you got them blank and used a machine to put on Mickey, it would be very clear you would be violating copyright laws. But I'm not sure if what you are doing is a violation..providing you aren't making the jewels look like Mickey.

The best way to find out, is to do what I did..write and ask Disney law. They answer quickly and thoroughly. There is no questions left to ask, once you ask them. They will sometimes grant permission for you to sell their products, but be prepared to give them part of the sales. Also, on the form you fill out, you need to give them a lot of private info, such as your sales amounts, how many you expect to sell, etc, and they usually have a minimum you must pay them. And by the way, people are removed daily on eBay for selling Disney items. Some are not caught. Disney usually gives a first warning. Not always. The minimum cost of a copyright lawyer to defend you is $1,000.

 

[Aisling]

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

Hmmm home-made Disney Cruise line "fish extenders" have been selling on Ebay for years. More people buy them than make them themselves from what I've read on the cruise boards. They use disney patterned fabrics, disney characters etc. Has Disney not noticed this? They've been on Ebay since mu first cruise in 2005, and were probably there before that. I just never looked before that.

Anyway, if the OP feels ok with selling her Disney crafts, I'm ok with buying from her what I like.

Oh and the home made Disney photo frames have been on Ebay for much longer, I think. I bought a few in 2000. Still being listed. Oh, and the home made Disney clothes for kids are really good sellers.

 

[DisneyScraps]

To me, the only issue is that goofy etc cut-out on the first ears...if that's not intended for future sale, that's what I wonder about.

The cut out you are referring to is a scrapbook sticker I bought in The World of Disney.

I will not be using that again because it's made of paper and won't hold up over time. I am going to stick with the type of materials I used on my set which had one Mickey icon which was also bought in the scrapbook section of Michaels.

I am not making anything by hand. I am buying legitimate ears and altering them.