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Asked in Clinton, IA |
I know I can't seell them as my own, or call them my own original work. It's more of a hobby I do, and friends like to buy them from me. If I somehow give Disney the credit on the artwork/portrait, is that okay?
6 attorney answers
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- Posted
The Disney characters are trademarks belonging to the The Walt Disney Company and its affiliates. So painting them in your paintings would infringe on their trademark rights. Would Disney find out if you are just selling them among your friends -probably not. But if they did they will issue a cease and desist letter and even maybe bring litigation as they are fierce protectors of their marks. We represented a party planning company that was contacted and nearly sued by Disney for using their characters at birthday party events and the like. So just understand that it is their intellectual property, you would be infringing their intellectual property and that there are risks to infringing on a large company's intellectual property.
The answers given are informational only and do not constitute legal advice. Please feel free to contact me if you want to obtain legal advice from me.
1 found this answer helpful found this helpful | 3 lawyers agree | Voted as Most Helpful
Posted
Asker, To get a sense of how serious Disney takes its rights in this area, you need to understand that Disney went after a Florida daycare center that simply had Disney images painted on the walls of its facilities. So, it doesn't take much!
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- Posted
Are you serious?
Not only no, but Hell no! Mickey will mouse you even in Clinton, IA!
That is deliberate copyright infringement. If you are selling more than $1000 worth of this it is a Federal crime 17 USC 506, and Disney is perhaps the most aggressive of all trademark and copyright owners. In addition you are infringing their trademarks, as each of their characters is normally trademarked, as well. Giving credit? That is an admission of infringement.
You don't get a free pass because "It's just a hobby I do." Otherwise, Jeffy Dahlmer could get off by just saying killing and eating people was just a hobby. In this case you are trying to eat Disney's livelihood by free-riding on their enormous reputation that they spent millions to acquire and which they will spare no expense to defend.
Get a lawyer before you get in jail. You are cruis'n for a bruis'n and Mickey will not be happy! .
So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any free advice at your sole risk. I am licensed in IL, MO, TX and am a Reg. Pat. Atty. so advice in any other jurisdiction is general advice and should be confirmed with an attorney licensed in that jurisdiction.
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- Posted
Absolutely not. You are creating "derivative works" which you cannot do without permission from Disney.
0 found this answer helpful found this helpful | 1 lawyer agrees
- Posted
Wow... you would not only be violating Disney's copyright by using their images in paintings but if you used their logo you would likely additionally be infringing on their trademark as well by, among other things, diluting their mark and misleading. You really need to sit down with an intellectual property attorney to discuss your options.
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- Posted
Attorney Golab is entirely correct. The legal issue is not who gets the credit for painting the Disney characters, the issue is whether you [or anyone] has the right to sell such paintings at all. The short answer is no because those characters are copyright-protected images and Disney owns the copyrights -- which means it has the EXCLUSIVE right to sell those images. No matter who creates them.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
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- Posted
No you cannot paint, offer for sale, sell, or otherwise tinker with a Disney character, at least it is illegal without an express license from the Walt Disney company.
Disney does not want credit, they are a for profit business and their business is to license their characters and other things.
You, and your buying friends, are infringing on a legitimate copyright owner and most likely, if caught, will be in deep yogurt.
Why don't you use your talent to create your own characters and paint from your imagination.
I am neither your attorney, nor my answers or comments in AVVO.com create an attorney-client relationship with you. You may accept or disregard my free advice in AVVO.com at your own risk. I am a Patent Attorney, admitted to the USPTO and to the Florida Bar.
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Asker
Posted
Can I legally paint something like Mickey Mouse or Hello Kitty and give it away as a present?
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