I am in possession of 11 pairs of Mouse Ears

[tlbwriter]

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

And maybe that too...

 

[DisneyScraps]

And maybe that too...

Now this is getting GOOD!

 

[snarlingcoyote]

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.

Agreed. I don't see that she's actually MAKING any disney images or MAKING her own ears, simply decorating legit Disney ears and decorating them with legit printed Disney images. That's perfectly legal.

 

[woodkins]

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.

I put the items in red that are not correct. Even if an item is handmade it is not allowed to be sold using a trademarked/copyrighted character or name or brand. I used to sell handpainted children's clothing and had painted a few outfits for my dd to wear to universal and wdw. I posted them for sale on ebay after she outgrew them in order to earn some "pin money" to pay for our next trip. Within 24 hours I was contacted by lawyers from Dr. Seuss enterprises to cease my auction or face legal action for copyright infringement. This was for a pair of jeans and a tee that I had painted with character likenesses of the Cat in the Hat. 1 set, not mass produced.

If you look at the Disney Brother brand embroidery machine, it specifically states that the images are to be used for personal use only not for items to be sold. There is not a distinction made between selling one or a thousand. The same is for the cricut machines etc, you are not allowed to sell anything you make with a character image.

 

[DisneyScraps]

When I am carted off to jail I am sure someone would be thrilled to post the link.

You all are a bunch of wet blankets

 

[tlbwriter]

When I am carted off to jail I am sure someone would be thrilled to post the link.

You all are a bunch of wet blankets

We are simply so concerned that you are able to enjoy WDW as long and as often as possible that we want to keep you out of the pokey.

 

[DisneyScraps]

had painted a few outfits for my dd to wear to universal and wdw. I posted them for sale on ebay after she outgrew them in order to earn some "pin money" to pay for our next trip. Within 24 hours I was contacted by lawyers from Dr. Seuss enterprises to cease my auction or face legal action for copyright infringement. This was for a pair of jeans and a tee that I had painted with character likenesses of the Cat in the Hat. 1 set, not mass produced.

I think the big distinction here is I am not MAKING anything. I am buying something Disney made and altering how it looks. I am adding glitter and feathers, how is that infringing on a copywriter?

You PAINTED an IMAGE

 

[Halloweenqueen]

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!

 

[snarlingcoyote]

It was explained to me once that if you buy a piece of fabric printed with Disney images and make that fabric into a dress, you are not infringing on copyright laws. If you take a piece of fabric and paint, print, or embroider Disney images and then make that fabric into a dress, you are infringing on Disney's copyright (No matter where or how you got the original image that you used to put on the material) unless it's something like a transfer that was issued by the company for the purpose of ironing onto a piece of cloth.

Is that correct?

If so, I don't see that OP is doing anything wrong so long as she is only using legit Disney objects to make her designs and not using those legit Disney objects in a manner that would harm Disney's reputation (which is a different set of laws, yes? no?).

 

[Lisa loves Pooh]

I am not worried about Disney lawyers. How is it any different from people making tee shirts with Disney images on them? They are not going to be mass produced but made by hand. Ebay and etsy are full of things that people make.

These are the ones my daughter and i wore

Very cool.
But it all comes down to licensing and "other people do it" isn't a defense.

Mouse ears are not sold with a licensing agreement to be altered and reused. It isn't like buying fabric at the fabric store.

Your idea is very cool though! I would just be very aware that it is not a legal activity and trouble could brew later on.

 

[rie'smom]

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.

Disney goes into ebay, etsy, every so often and does a sweep.

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

We're not.

Agreed. I don't see that she's actually MAKING any disney images or MAKING her own ears, simply decorating legit Disney ears and decorating them with legit printed Disney images. That's perfectly legal.

I think the big distinction here is I am not MAKING anything. I am buying something Disney made and altering how it looks. I am adding glitter and feathers, how is that infringing on a copywriter?

You PAINTED an IMAGE

You are altering a Disney iconic image. Chances are you will slip in under the radar but it is still a risk. Hopefully, you have a lawyer in the family who will work for free if you're caught.
You might want to PM M I C K E Y a Disser who was shut down by Disney. She has been forbidden by Disney to make any Disney designs.
Here's a link to one of her threads:
http://www.disboards.com/showthread.php?t=2234131

 

[Jennasis]

OP, maybe you should contact Disney itself and just ask? Better safe than sorry.

 

[DisneyScraps]

We are simply so concerned that you are able to enjoy WDW as long and as often as possible that we want to keep you out of the pokey.

Awwwwww thanks!

 

[woodkins]

I think the big distinction here is I am not MAKING anything. I am buying something Disney made and altering how it looks. I am adding glitter and feathers, how is that infringing on a copywriter?

You PAINTED an IMAGE

I was simply using my painted item as an example to show you that these companies do patrol auctions and whether it is one item or one thousand they will take action against you.

It was explained to me once that if you buy a piece of fabric printed with Disney images and make that fabric into a dress, you are not infringing on copyright laws. If you take a piece of fabric and paint, print, or embroider Disney images and then make that fabric into a dress, you are infringing on Disney's copyright (No matter where or how you got the original image that you used to put on the material) unless it's something like a transfer that was issued by the company for the purpose of ironing onto a piece of cloth.

Is that correct?

If so, I don't see that OP is doing anything wrong so long as she is only using legit Disney objects to make her designs and not using those legit Disney objects in a manner that would harm Disney's reputation (which is a different set of laws, yes? no?).

This is an ongoing debate and there have been court cases regarding it. On the selvage of the fabric it is printed that it is licensed for personal home use, so interpret that as you wish and if you are willing to pay lawyers to fight the fight then go ahead and do so.

Many people are correct in saying that the mickey ears she bought do not have any sort of licensing agreement on them etc. The bottom line is once they are decorated/glittered/blinged etc. You are selling them as Mickey Ears, a copyrighted disney item. The ear hat is a trademarked item that Disney owns the rights to.

 

[NotUrsula]

Just FYI, the penalties for trademark infringement are not criminal, they are civil. This isn't about going to jail, it is about having to pay a court judgement and legal fees.

Normally the first step is a cease and desist letter from the aggrieved party. If you get one of those, pay attention, because Mickey's legal team plays serious hardball.

 

[Feralpeg]

It is a very fine line to tread. When I was doing gift baskets for Disney guests, I was allowed to theme them using anything I bought. In other words, I could put plush, postcards, etc. in my baskets to create a them without a problem. However, I was not allowed to draw my own version of any Disney character or logo. I was allowed to add punch items created with Disney copyrighted punches.

It was tricky. I was actually contacted by a Disney lawyer when I started working for the Disney Florist about what I had produced. They were very concerned that I would steal their designs. I had to agree not to do any gift baskets on my own while working for the florist.

The OP should be fine as long as she only uses pre-made Disney items on the ears. So, the postcard picture should be fine. Don't try to draw the Mickey icon yourself!

 

[DisneyScraps]

It is a very fine line to tread. When I was doing gift baskets for Disney guests, I was allowed to theme them using anything I bought. In other words, I could put plush, postcards, etc. in my baskets to create a them without a problem. However, I was not allowed to draw my own version of any Disney character or logo. I was allowed to add punch items created with Disney copyrighted punches.

It was tricky. I was actually contacted by a Disney lawyer when I started working for the Disney Florist about what I had produced. They were very concerned that I would steal their designs. I had to agree not to do any gift baskets on my own while working for the florist.

The OP should be fine as long as she only uses pre-made Disney items on the ears. So, the postcard picture should be fine. Don't try to draw the Mickey icon yourself!

Thank you, eveythnig I used on the ears for me and my daughter that was Disney was bought. I didn't do anything but add glitter, beads and feathers.

I will post a picture of them when I am finished,

 

[bumbershoot]

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.

I don't think anyone WANTS to tell someone they need to be careful. But just a couple years ago there was a person who figured out how to get various Disney scents into a candle, was selling them, and pretty quickly was shut down. Fabulous idea, Disney isn't making POTC candles, or Soarin' scent candles, but they didn't want anyone ELSE to do it either.

It is a very fine line to tread. When I was doing gift baskets for Disney guests, I was allowed to theme them using anything I bought. In other words, I could put plush, postcards, etc. in my baskets to create a them without a problem. However, I was not allowed to draw my own version of any Disney character or logo. I was allowed to add punch items created with Disney copyrighted punches.

It was tricky. I was actually contacted by a Disney lawyer when I started working for the Disney Florist about what I had produced. They were very concerned that I would steal their designs. I had to agree not to do any gift baskets on my own while working for the florist.

The OP should be fine as long as she only uses pre-made Disney items on the ears. So, the postcard picture should be fine. Don't try to draw the Mickey icon yourself!

It IS tricky, because that's the opposite situation I see with two regular sellers on ebay who do basically the same thing as each other. Both use Disney fabric to make autograph book bags. That's no problem. One uses the fabric to cover plain autograph books as well. No problem. The other *creates* images of characters and puts that art onto paper covers for her autograph books, and states very careful and clearly that she's not using Disney materials for it, that she's creating them by hand, not with clip art, and that is how she's doing it legally. She's been a regular seller for at least a year, with the same big explanation/caveat of what she's doing, and since I know Disney pays attention, I can only assume that they've passed her by because what she is doing is OK.

The laws are tricky, and Disney allows some things to be done but not others!


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.

 

[mtblujeans]

They are very cute and look like alot of work! How long do they take to complete?

 

[tlbwriter]

It IS tricky, because that's the opposite situation I see with two regular sellers on ebay who do basically the same thing as each other. Both use Disney fabric to make autograph book bags. That's no problem. One uses the fabric to cover plain autograph books as well. No problem. The other *creates* images of characters and puts that art onto paper covers for her autograph books, and states very careful and clearly that she's not using Disney materials for it, that she's creating them by hand, not with clip art, and that is how she's doing it legally. She's been a regular seller for at least a year, with the same big explanation/caveat of what she's doing, and since I know Disney pays attention, I can only assume that they've passed her by because what she is doing is OK.

The laws are tricky, and Disney allows some things to be done but not others!

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.