Opinion please on copyright question

[gardenhoe]

This is not Disney related but the information provided here on this board has been very helpful so I thought I might ask since its very similar to using a Disney image.

I want to make some t-shirts for a "convention" type gathering we will be attending. Its not really a convention help by the company, just a large group of fans gathering to have fun. The company does give permission to use a certain logo they have & provides the image & the permission right on their website in the event that someone wants to make something for personal use. However, there is a different image (a character) that I've contacted them about using for my t-shirt & they are thinking about it but haven't agreed just yet.

If they say NO to providing me with the character graphic or allowing copyright, I have plan B. This is where I would like your opinion. I can purchase a stuffed animal of this character & take a photo of it. I can use the photo on my t-shirt instead although I would prefer to use a graphic file of the character, not the stuffed animal.

I would own copyright to the photograph, correct? Most people wouldn't even know the character for the company I want to use for my shirt. I would be including the character name & company name / logo on the tshirt. They know this as I provided the info in my email.

Just wondering if you think using a photograph is sort of skirting around the copyright rule if they say no. I don't want to get into trouble with them. Its pretty possible that someone from the company will be at the "convention".

This is for personal use only. 2 or 4 tshirts total for ourselves. Not selling. No $ involved. Again, they know this.

To me, its no different than all the shirts here that say Walt Disney World & use a clipart from some non-Disney site or use a personal photograph. I'm pretty sure Disney is more uptight about copyright than this company is. This company encourages use of its company logo on personal made items. I'm probably one of few who has asked to use the character however. lol

 

[DisneyMom92]

Since the teddy bear is available for purchase by anyone (it is, right?), it would make it more difficult for them to protect their "copyright", anyway.

However, fair use says that you can use the copyrighted material for certain things, one of which is personal use that you make no profit on. If you were printing the shirts and then selling them, you would violate copyright, if you print them and give as gifts then you are not. If the convention goers are paying a fee to go to the convention and you are giving the T-shirt as part of that fee, you probably could not win a copyright argument in Court.

As far as your original question...you would own the photograph and you would own the Teddy Bear. But you still do not have the right to use copyrighted material other than the purpose that fall under fair use.

That said, if they come back and say no to using the material, you probably do not want to use it. Presumably this is a fairly good size company, with more resources than you have. If they would decide to test the issue and take you to court, regardless of whether you win or lose, you could end up losing quite a bit of money. Sometimes it is easier to beg forgiveness than ask permission (but don't tell my kids I said that )

 

[gardenhoe]

Ok, if I'm understanding this correctly, you are saying that even if I buy the bear, take a photo & use the photo on my own shirt, that I probably shouldn't do it? Or did I get it wrong?

I'm dense. How is that different than someone here using Mickey's clipart or a photo of Epcot? I guess I'm trying to compare it, but maybe I shouldn't?

 

[DisneyMom92]

What I'm saying is that if it falls under fair use (private use no profit made from anywhere) then you can safely use it. If it doesn't, you can't. The monkey wrench goes into the situation because you asked permission. If they say no, then it is harder for you to justify using it if they sue you. Otherwise, it's just like speeding down a deserted highway. Yes, you broke the law, but you didn't get caught so it really doesn't matter.

 

[gardenhoe]

ok. thanks. I suppose that's what I get for trying to do things right by asking permission. No answer from them yet, just a lot of back & forth about exactly what my shirt will look like. However, their questions could be considered promising for a yes, instead of a flat out no. Keeping my fingers crossed.

 

[DisneyMom92]

It sounds to me like they are leaning toward a yes if they are questioning what it will look like. They are probably concerned about the quality or presentation. If you have your design done, you might want to send it to them or at least offer it. That might help your situation.