I need advice...How well do you think a hand painted Mickey stepping stone would sell

[EsmeraldaX]

I wouldn't do it. If you paint Mickey on something, technically you are violating copyright. Disney is one company that has gone after individuals before for copyright issues.

 

[MouseClubMom]

I think as long as Disney has been paid it's licensing fee once (which would be the case by the original manufacturers of fabrics and stickers) then for them to pursue someone using these materials to make other products would be in essence "double dipping". No clue on the legalities of THAT but when I was a CM I saw the heavy hand of Disney legal more than once and I would never want to be on the wrong end of THAT type of lawsuit.

As talented as you are with being able to draw Disney characters freehand then come up with your own garden themed designs - ladybugs, bumblebees, flowers, watering cans, etc... Also check out the other auctions for like items on ebay to see how much things like this usually sell for (search under completed auctions) and if it is worth your expense and time.

Good luck!
MCMom

 

[lynn71092]

I would also be interested if it's not against Disboards rules.

 

[My2BabiesLexis&Dill]

Thanks for all of these comments on this situation. BUT I don't freehand. I use a stencil that Disney made. Like the ones that you use on the wall. So is that like using stickers and the material that Disney sales? And for the ones interested...I'll try to add a pic in a day or so....I'm working on one now.

 

[DMRick]

There are probably no copyright lawyers reading this, and the answer to my question is probably up to legal interpretation anyway.
I am wondering if one can use disney clipart, that they purchased (licensed clipart) on items for sale?

- Eileen

I'm no copyright lawyer, however, Disney has it in their tos (terms of service) in each and every piece of software I have of theirs. I would say it is not up to interpretation LOL..they have been very, very clear about it. No, you can not. And they don't always send a cease letter before they sic the lawyers on you.

I don't know the answer for sure otherwise, but my inclination (and purely my inclination, so don't go by this) is that it is similar to the fabrics.

It's different than the material (assuming that everything I have read on the material use, is correct). You can't use the graphics on items you resell. Stickers would be the same as the material..something you buy already printed.

 

[DMRick]

I think as long as Disney has been paid it's licensing fee once (which would be the case by the original manufacturers of fabrics and stickers) then for them to pursue someone using these materials to make other products would be in essence "double dipping".

Because of the expense of fighting them, in the past they always won and there was no case law. Thanks to tabberone putting up her own money and taking them on over and over, it's helped the little guys. Now there is case law, and I haven't heard of one person using Disney material complaining about being vero'd. I've had my tangle with a company and got away relatively cheap, except for the expensive lawyer (I'm not allowed to say which one, so you'll have to guess). Best to let someone else pay for the court cases..I stay away from copyright.

 

[DisneyGirl]

I'm no copyright lawyer, however, Disney has it in their tos (terms of service) in each and every piece of software I have of theirs. I would say it is not up to interpretation LOL..they have been very, very clear about it. No, you can not. And they don't always send a cease letter before they sic the lawyers on you.



It's different than the material (assuming that everything I have read on the material use, is correct). You can't use the graphics on items you resell. Stickers would be the same as the material..something you buy already printed.

I have to disagree with you here. There is a lot of clipart-type-stuff in craft stores, as well as online that actually can be used for craft items that can be sold (I doubt any of it is Disney, but some Copyrighted material can be used in "sellable" crafts). I would assume that Disney has already resolved this by placing it in the licensing agreement ("shrinkwrap" license because it goes into effect when you remove the shrinkwrap, or "clickwrap" because it goes into effect when you click "I accept")

 

[DMRick]

I have to disagree with you here. There is a lot of clipart-type-stuff in craft stores, as well as online that actually can be used for craft items that can be sold (I doubt any of it is Disney, but some Copyrighted material can be used in "sellable" crafts). I would assume that Disney has already resolved this by placing it in the licensing agreement ("shrinkwrap" license because it goes into effect when you remove the shrinkwrap, or "clickwrap" because it goes into effect when you click "I accept")

I don't understand what you are disagreeing with. I'm only talking about Disney. I have tons of other cliparts that I can use commercially (and I do), but this person asked if she could use the clipart form the Disney programs, and I quoted HER question. She asked:
"I am wondering if one can use disney clipart, that they purchased (licensed clipart) on items for sale?"
and I answered no. I'm just not understanding what you are disagreeing with.

 

[CheapMom]

DMRick is right- I have a Disney Print studio that came with printable magnetic paper and it is very clear that it is for personal use and that you are not to use their software to mass produce and sell items.

 

[MrsPete]

I don't know much about copywrite laws, but it sounds dangerous to me. I've heard Disney is just rabid when it comes to infringement. I don't think the risk of a lawsuit would be worth the few dollars you'd make.

 

[cocodog]

If you draw something freehand (copyrighted image) for your own personal use, have you still violated a law? I would never think of selling something, but like to make garments for my own children.

 

[DMRick]

If you can tell what it is..for instance if you draw Mickey. The difference is, they seldom come after you for personal use. They also have software for printing out Mickey for personal use. Here is the best way to check out copyright questions:

http://copyright.gov/