The Walt Disney Company has really started cracking down on all unlicensed vendors selling unlicensed Disney merchandise. They have started searching through numerous online sites and sending out “Cease and Desist” letters and shutting down these stores.
Word going around is that Disney is really cracking down on those that are selling items which are “Frozen”-related.
Disney has often looked through sites here and there, and sent out letters, but not like this. In the past few weeks, Disney is really going strong at online shops that are selling any Disney items without a license.
According to one report from Etsy, one Amazon seller actually got served with a lawsuit since their online store had such a large amount of unlicensed Disney merchandise for sale. Apparently, Amazon is even freezing their earned assets as Disney states the money is theirs.
Honestly, they’re right.
Disney has not released an official word on this situation, but I’ve known of a few sellers which have received these Cease and Desist letters, and it’s legit.
A number of online stores have started going through their inventory and deleting items that are considered to be unlicensed Disney merchandise items. Other online stores have closed up shop completely.
When a copyright or trademark is owned by someone or some company, you’d be surprised at just how much that can include – images and even words.
If you’ve recently purchased an item from an unlicensed Disney online store, you may want to check about getting your money back or cancelling your order or at least making sure it’s going to be filled. Many stores are shutting their online doors ASAP to avoid lawsuits.
Other stores are licensed and are going to be allowed to stay open. Some items may have to be removed, but there are many out there which are totally legit and legal. Make sure you know who you’re dealing with.
Join the “I’m So Disney…” group on Facebook to discuss this and many other Disney things with anyone and everyone.
Just for clarity:
It’s completely legal (in the USA at least) to resell merchandise you own. For example, if you buy a Frozen shirt from disneystore.com or At Walt Disney World, you are perfectly within your right to resell it on eBay or on your own online store at a marked up value. Disney cannot strong-arm you in shutting down your store. If you are selling legitimate Disney items that you bought from a licensed store (like Target, Toys R Us, Disney Store, Walt Disney World, etc) and they send you a cease & desist, contact a lawyer!
If you are selling UNLICENSED items (like a Frozen print-out you made at home, or a Frozen t-shirt you had made) without Disney’s permission, then you should shut it down. Lots of crafty sellers on Etsy need to watch out!
This is what I though too!!
I read that as soon as you purchase a tangible item it becomes YOUR property. and you can do as you please with it.
Can anyone clarify??
What about people who are dressing up as frozen and are making money out of it also . As this also is a disney product
I really think its a greed thing on Disney part. It’s like the immigration debate how long have they been here and now scream OMG their here illegally. Same with Disney stuff how long have people been peddling Disney stuff and now Disney wants to cry it’s ALL MINE! Whatever the little shops they are attacking are just easy to scare and makes these young execs feel like King Kong. And we wonder why America is in such trouble and sinking.
So with all that said how exactly does a shop become “Legal” to sell handmade Disney stuff? Seems weird if you buy a pattern or Design that is Disney doesn’t that belong to you to do as you want or how is that person selling it? There are tons of places that sell and I don’t see them taking down their goods.
Confused and find this whole debacle like something the government called a law they wrote???? LOL
I have been doing craft shows for about 24 years, and it has always been again the law to sew licensed merchandise, Disney has always watched and stopped venders from selling their merchandise. I had one rep tell me that it cost them a boat load of money to get license for each and every item when they first make it and put it on the market. You can buy a license to sew Disney items in you shop. Last time I checked it was about 35 to 50 thousand dollars a year. They are coming down hard now because of all the new embroidering business going up and all the people making the patterns and selling them. Even football teams are licensed and you can’t make anything and sell from their fabrics, you can make it as a gift or for your use only.
See, you understand it. Thank you for posting this, Shirley.
What about buying plain fabrics and putting one of those tattoo stickers on it for the kids
Well, Laurie…it’s not greed and they are crying “it’s all mine” because all Disney copyright IS all theirs.
I sew for other people and I make whatever they want me to. I don’t have a website yet but if I do eventually get one and show examples of my craft I don’t see how anyone can tell me I can’t provide this service. This includes going to the fabric store and purchasing the materials if it is Disney or whoever. I am buying the material from a Disney licensed retailor so why the scare tactics? I think they are referring to the mass productions company not those that provide this service. I have no plans to stop providing my service.
You cannot make items from licensed fabrics for commercial purposes. It clearly states this in the selvage edge of the fabric. If you buy Disney licensed fabric, you can make things for your own personal use or to give as a gift. You cannot make items to sell unless you have a license from Disney. This includes doll clothes made from FROZEN patterns from McCalls, Butterick, and Simplicity. The pattern envelope clearly states not for commercial use. Disney has paid a ton of money for their trademarks and copyrights. There is nothing wrong with them going after people and businesses who infringe on Disney’s intellectual property. Look at it from a different perspective. What if you paid a trademark attorney several thousands of dollars to register your company name and logo. Then your items became uber popular and you started making a good living off of your product. Suddenly, your items and copies of your items start popping up all over the internet and at craft fairs across the country. There is no way for anyone to determine which items are really yours and which are handmade knockoffs. Everytime someone buys a look-a-like item you lose money. This is especially true if they are underselling you. Disney has a lot invested in their brand. If you want to infringe, it is your decision, but one violation can cost you your business and possibly your home if you cannot afford the fines when you lose the court case.
You have to remember that Disney owns those characters and movies. It’s not greed. It’s just business and brand control and the law. Companies like Disney have to spend a lot to keep people from infringing on their rights. If people just did the right thing, it would be better.
OK, so it’s Disney, but what about all the other people who sell items that are not theirs to sell? I know several people who have copyrights on their items, but yet others on Etsy and Ebay, sell their exact items that are not made or sold by the legit business….
It doesn’t matter that it’s Disney. If you are not a legal seller, then you shouldn’t be selling stuff. Bottom line.
As much as I dislike most things Disney they have every right to the fruits of their labors. Anyone who takes these characters for profit instead of just enjoying them as entertainment is a thief. You have a looter mentality if you think they are being “greedy” Disney supports thousands if not millions of jobs.
Hi I make and sell handmade crafts on Facebook. Can I get permission to use Disney images, if so how do I go about it?
You would have to contact Disney directly.
so where and how do you contact Disney as I wrote them a email and they never answered. Also have tried to call them. I am a retired and do make and sell crafts, not a lot of them . There are times I have had people who want a certain fabric for kids, cancer patients etc. when these cases arise would like to be able to make and sell the item to them. I only sell for the most part any amount of things in the summer. Also make rag quilts and yes childrens ones would always be nice made with some of the Disney fabric. Yes would like to be able to have there permission. but as I am just a old person I do not expect to ever hear from Disney on this matter.
Thank you and god Bless
Hi, to answer your question on who to contact at Disney, try the Permissions Department. I contacted them but you’re most likely to have your request denied. I have yet to meet anyone who has ever had their application approved. It took about 2 months until i received an email back. Hope this helps!
This is ridiculous! As parent to a five year old, I’m finding it nearly impossible to find toys and clothing that my daughter is asking for as it is all out of stock. I have been trying our local toys r us for the last three months and the Disney store itself is appalling (http://www.disneystore.co.uk/frozen/elsa/mn/1341503/?searchRedirect=1&searchTerm=elsa&catalogFromSearch=10002 -this is the page that comes up when you search Elsa). My daughter doesn’t want a decorative shoe or a melamine plate. She’s 5! She wants toys! Surely it would make more sense for Disney to search these sites and say “hmm, this item seems really popular, why aren’t we making that?” Rather than penalise people who are catering for parents like me. I appreciate the copyright argument and personally, I would much rather buy something from a reputable company like Disney, than a faceless someone on Etsy, but when they are refusing to provide merchandise, how am I supposed to do that?
I think its more then reasonable of Disney. The information is out there if people bothered to look. I’m sure if small businesses were being copied etc, by Disney there would be uproar. It works both ways. Personally, I think its safer too. You know that licensed products meet certain standards. Why people think because its a hobby or they make less then Disney its ok to make cash of someone else’s hard work, invention or creation is beyond me. Create your own designs, or apply for a licence to sell their products and it won’t be an issue. Some of the poor quality items made ripping off Disney is an insult to their brand. They’re only protecting their business, their creation and reputation and the customers safety. It’s not all about money.
While I totally understand the need to protect copyright I take expection to this statement –“I’m sure if small businesses were being copied etc, by Disney there would be uproar. It works both ways.” Large companies do take what small crafters make, send to China to mass produce and then we can’t compete. Things that come to mind; Snowman Soup, Cocoa cones, handpainted anything…please don’t say big corporations don’t steal from the small business person…they just steal the whole CONCEPT!
And don’t mention the fact that Disney has done this.
Disney is a business , just like any small online business . If a person complains that someone is copying their work there is outrage on the craft sights . Why is Disney any different . They make films kids love and pay millions to make them . Surely it’s fair they should receive the money for their merchandise . These days everything is coppied and fake , why do we think we have a right to steal other peoples creativity ? It’s just so wrong that we want fake cheap coppies of everything , no ones recognises quality they just want cheap tat , and to make a quick buck of someone’ else’s stuff .
Most of the items handmade one at a time are of much higher quality of what even Disney offers. The cheap stuff comes from the mass productions.
I agree and most handmade items are made with lots of love as most crafters love what they are doing. I think that if they sell the item like fabric and the next person is buying it you should be able to do with it what you like. You paid for the yardage. If they do no want people to use the fabric for whatever purpose you want then don’t sell it. This is not only directed at Disney but anyone who has fabric on the market for sale.
Thank you and God Bless
could you please provide a email address where people can contact regards of they hand made crafts whether they can sell there items as there are disney knitting/crochet books/patterns available to buy withe the disney logo on them
So if I purchase fabric that has Olaf on it and I make bows and sell them, it’s against the law?
As most of us ribbon sellers and bow ladies on facebook have seen this, we have found it quite comical that this is about infringed items and yet the ad on the right side of the article is for counterfeit frozen items from china being sold on aliexpress.
Those ads are generated differently for every viewer and are based off of your Internet searches.
Someone doesn’t understand how targeted advertising works lol. Most people who have read this will have looked further into it or looked at material or products that’s why you are seeing those adverts. How is it comical? You are seeing what you searched for in the hope you will be tempted to buy I’m seeing what I searched for you really think we all see the same adverts on every site we visit? Erm no learn how the Internet and targeted marketing works
wow
What about the licensed fabric you buy at Joann’s fabric and you make an item and sell it. Is that illegal? You are buying licensed fabric.
Thanks
COPYRIGHT……INTELLECTUAL LICENSE…….it is THEIR right to scream if people are making money off Disney goods without having a license.
You can make anything you like for yourself but DON’T SELL IT
Copyright lasts for a century or something
If you are selling, you should know the rules
Even as a Celebrant, I have to have a copyright license to read someone’s poem in a service
Copyright is EVERYWHERE
I’m so tired of hearing about this. I think Disney has every right to crack down on these “copy cats”. They pay millions of dollars to create and produce these films and the way they make their money back is through box office sales, merchandise and licenses. If all these business continue to do what they are doing, between them and pirating of these films there will be no Disney for our children to enjoy.
I am also a small handmade business and I spend hours studying and creating unique items to sell through my business and I would get pissed too if people copied my work. If people want to be in an industry that requires them to be imaginative and creative, then they need to be imaginative and creative and if they aren’t they are in the wrong business. Challenge yourself people.
If you want to be a small business owner, do yourself a favour and familiarise yourself with they legal side of selling goods and services.
If I make $25 – $30,000 a year, how am I supposed to pay $35 – 50,000 for a license??? Many of us barely make ends meet and are trying to earn extra $$. Does anyone make $50,000 a yr from their embroidery business?? I do understand about copyrights and quality work but the average person doesn’t make enough to cover the cost of materials and a few bucks for their time. Maybe if they lowered the cost of the license they would save money on lawyer fees.
Then making Disney items isn’t for you. Those prices are in place because they don’t want every Tom, Dick, and Harry making cheap junk and ruining their brand. There’s always the idea that you could come up with your own ORIGINAL ideas / designs and then no one could stop you from selling that. Embroidery businesses do not have the RIGHT to afford the licenses…. either you can, or you can’t. Just like if I went in a grocery store and saw that milk was too expensive. I would not put my hand on my hip and proclaim that milk is just too expensive and it’s not fair because I should be able to afford it, and then magically the manager steps out and marks it down. Life does not work that way. Disney makes the high price of a license because they want to make sure you have the means (i.e, revenue of a successful business) to put out quality items with their brand.
Thank you, Anna. Could not have said it better.
Maybe using milk as an example is horrible idea. Milk isn’t taxed because it’s SUPPOSED to be affordable. Also this haughtiness that other manufactured goods would somehow be inferior because they didn’t line Disney’s pockets for doing nothing is wrong. “Oh but they created the IP!” Ok lemme paint a picture of the moon before Disney copyrights that too.
Maybe Disney needs to rethink their policy. If some small mom and pop business wants to embroider Elsa on a t-shirt and sell it at a local craft fair, they can’t afford to pay Disney $35-50,000 to do that. Would make more sense to sell additional licenses to the little guys who are not mass producing items. They could charge them $200 a year—something a lot more reasonable. Small businesses (i.e. 1 or 2 employees) who are interested would then be able to purchase this license and be “legal.”
When will Disney crack down on unlicensed artwork on jumping castles?
There are lots of companies doing it
So if I buy Frozen stickers from Walmart and use them in jewelry in made and sell on Facebook am I violating any copyright laws since I originally purchased the images I was using?
Thanks
Yes, you are. Any licensed product you buy is for personal use only, not for commercial (selling on, whatever you’ve done with the product) use. You haven’t bought permission from Disney to use their images in your jewelry, so they would have every right to go after you and sue for damages.
As I understand it, you have to have been in business for at least 5 years, and have a turnover in the high 5 figures to be considered — but you have to have an item they are currently not manufacturing and selling, it has to be completely new. I would think its the same for every licensed product, Disney owned or not.
so i’m curious…why no answer to those who ask…if i buy something with a disney character on it, make an item with this character, can it be sold legally? ie buy material and make an article of clothing to sell.
Here is your answer. It works two ways.
1) you buy a licensed Disney fabric and a pattern. The pattern may or may not be Disney related, but you like the way the Disney fabric will look. You make the item for your kid. No copyright violation. This is personal use. Same thing if you made the item for your niece for her birthday. It is a gift, personal use. Within copyright useage.
2) You buy a Disney licensed fabric, or your buy a Disney licensed pattern. You make an item with either one to sell online on Amazon, Etsy, eBay, or on your own website. You also sell the items at craft fairs. You are in violation of copyright and trademark laws. You are using the Disney characters, logos, and intellectual property for financial gain without a license agreement from Disney. This is in violation of the law whether you make a single item or a million items. If Disney sends you a cease and desist and you refuse, they will take you to court and you will lose. It will cost you a lot of money, maybe your business and maybe even your home. Disney does not want everyone and their brother making money off of their intellectual property, that it why the licensing fees are so high. No one will give you a license for $200 a year, even the colleges charge upwards of $10,000. It is more than money that they look for in a license deal. You cannot be currently infringing on their intellectual property, you must have your own website and EIN and a business that is more than just sewing on the weekends. They want to see a real, full-time business with good numbers and stability. If you are currently infringing on the Disney label or other brands, you more than likely will not be granted a license from anyone.
So Disney has paid the decendents of the Grimm brothers and Hans Christen Anderson and the countless other who fairytales they took, recrafted, and sold as their own? How is that different from someone who uses a Disney fabric (which they paid for and Disney received money) and crafts its into another item entirely then sells it? Disney is the original when it comes to taking the creative ideas of others and using them for your own profit. Disney please stop lowering yourself to King Crandy Crush level of douche bag.
Those are folk stories and carry no copyright, DIsney has simply made the most well known sanitised versions. There are lots of publishers who publish other versions of those stories, some even unwatered down for adults.
Also, copyright expires after a certain amount of time (it differs in amount from county to country) and then anyone can publish your stories or rewrite them which is what happens a lot.
I was aware that you can’t go buy a licensed fabric, stickers, paper, or anything licensed and use it in crafts and sell it. I do have a question. I made handmade cards, I had a Mickey Mouse one that I stopped selling when i was made aware of these copyright laws. For my Mickey card, I dont use any Disney licensed products. Heres how i made it, I cut out 1 big circle for Mickeys face, 2 small circles for ears and various shapes for his face. I have been given different answers of to whether or not I can sell this. Its all plain colored paper, nothing licensed by Disney, am i able to sell this?
Just a note, i have no problem with the copyright laws, Im just unsure of what I can and cant do when it comes to what i explained above
You are not using a licensed product, but you are still violating the law because you are creating a copy or something that has been copyrighted. Even the outline of a Mickey head with no face is copyrighted. Basically, if someone looks at your product and can associate it with the original copyrighted product, you are infringing.
As an artist- I completely understand this. While I highly doubt anything I ever create will go viral and be sold and copied by other vendors… Disney is well within their rights. They make it very clear what you can and cannot do. What gives the “little guys” the right to infringe on Disney whether or not they are putting a dent in their profits or not? Just because Disney is so big doesn’t mean you can take advantage of them. It pays to be large and in charge- as they have the money to back up the law. But in the end- they still filed the paperwork for the copyright. Maybe that makes me a meanie… but I’m not really a Disney fan either. I see it from the angle of the artist… law is law and if with the popularity of the stuff they churn out- good for them for making a few examples of people who violate this. The “little guys should have consulted a business lawyer before they violate Disney copyright. It’s not rocket science. It’s very clear and concise. I have no sympathy for the violators. Sue me.
I’m curious… all this talk of “copyright infringement” yadda yadda. On that note “Doctor Disney” is in violation of copyright infringement. You’re using their “trademark” font and using “Disney” to better your blog…. Why are you so different?
Well, it’s a slightly different font and people DO have the name Disney other than Disney. I’ve run every single thing through Disney legal to see what was approved and what was not. I also had a couple of ideas denied, but thing is…I went to those who own copyrights first to make sure that I wasn’t infringing.
I wrote an informative piece to state what is going on and actually let people know so that they don’t run into legal trouble. So…I take it you are having an issue with such things?
I think it strange when companies try to tell you what to do with a fabric when they design it and print it it is done so with the expectation of it being made into something. So there for it becomes a product that is unlicenced it doesn’t affect them or there trademark or copy right. They have had all monies due to them when they printed and sold the fabric for use to be made into a product. It has never been tested in court whether this claim can not overrule there requirement of non commercial use or whether they can say this. No one has the money to go up against a big company and expensive lawyers or the time it could take. However many a person can if the client brings you the material and hires your labour sew anything with any material because they are then hired help. There are many who want things but can not sew. Why should they miss out on products not supplied by Disney in Disney fabrics a fabric printed by them sold by them. If they are not careful fabric sales will drop as not every one home sews. You can’t bind enterprise this way and most designers don’t do this as they accept they have got there rolaties for design in the sale price. Many designers want to see there product used and got out there. Copying of trademarked produce and the like is a big no but use of there fabrics is different in my opinion
Yes, it has been tested in court. Precious Moments sued a company that manufactured sheets with their fabrics. Precious Moments lost. Vera designer towels also sued a handbag maker who used their towels and they too lost. But Disney knows most folks don’t have attorneys on retainer to fight lawsuits so they send cease and desist letters and sue and most people back down. I would, too. It’s not worth the headache.
Here I completely agree with the copy rights and trademarks being in place and Disney protecting their name and brand. However…at what point are you buying the “service” or “talents” of an individual. Not everyone can sew or craft. For example what were to happen if someone came in with licensed disney fabric and licensed pattern that they themselves purchased and wanted made into a blanket or dress or whatever it may be. The person in this situation is clearly wanting to pay to utilize the talents and abilities of someone that knows how. Or even better yet the convince of not having to do it themselves. Is this person only legally able to do it for free and as a gift if the job is accepted? That to me is where people and crafters are getting upset because they are clearly filling a need…not everyone can go out and buy licensed ribbon to make bows or licensed fabric to make a dress for a child. It just seems like an odd idea that only moms or dads that are crafty can provide these “other” specialty items to children that desperately want them and well the ones that aren’t…they are completely out of luck. Better hope you then have a family member or a bestie to be able to take this on…for free.
Another thing…I think if Disney got creative with this issue of theirs, they could make a lot of money on small business vendors. There is clearly a need so why not try to supply to that. I completely understand the idea of charging the 30-50 grand a year to insure their image remains quality over quantity. But why not have an entire shop of images and items that are sold on a commercial level. No different from silhouette cameo, font sites or stock images . They have a personal use and commercial use option of purchase. Why couldn’t images and patterns, ect be done in these manner. Small businesses would clearly pay the heavier prices for these smaller commercial rights to use and resell by limited quantity per purchase and everyone lives happily ever after like in their moves. You of course could argue they would then have to deal with finding the ones that aren’t using them legally. But it looks to me they have this down.
Sidebar comment…I think it is wonderful that Disney has had such mass success especially with Frozen. But they clearly where not able to keep up with the demand once the whirlwind hit. The idea of only buying Frozen Disney product sounds incredibly boring. It was bad enough we have had to hear the song a million and one times over and see the costume a thousand times over. But could you imagine them all the same. No variances. You have this option of bows. This option of blankets. This option of dress. This option of whatever it is…with nothing else. Its one thing that makes Etsy so great. Variety is the spice of life they say. Now imagine it now being only limited to Disney designs only. Now Yawn. There has to be something said about the variety created because of all these crafters. All the while Disney could and should capitalize on it Like stated above.
I made some Olaf magnets and sold them at a yard sale. I am not in a business or am I trying to have a business. I was trying to earn a little extra cash to cover Christmas. I did some research ahead of time and read that Disney is making exceptions with Frozen because it is too much to keep up with – they have already made over a billion dollars After reading your posts evidently I was misinformed and I feel like I owe Disney. I also gave some away as gifts which I have since read that isn’t even allowed under the trademark. I made less than $200 – but how can I make it right? I certainly can’t afford 35-50 thousand.
I have a question which I can’t see addressed above…
I have a customer who has bought the pattern and fabric but does not have the skills to sew the garment using the pattern and fabric. Can I be paid to make the garment, paid for my time as it is a one off commission or would this be seen as copyright infringement? I’m not making lots of copies and selling them but making a single item for a single person from an officially purchased pattern.
Thanks 🙂
I make bows using just the colors of characters. No ribbon with character image is used. For example – a Snow White inspired bow would be made of red, yellow, and blue ribbons with an apple on top. After reading through these comments I’m wondering if it’s ok or is this copyright infringement? Thank you for your help!
Most of the above conversation deals with licensed fabric or items made from scratch with a Disney character’s likeness, but I have one of a little different nature. What if I get possession of an ‘authentic’ Disney item or toy and use it in a craft as raw material? For instance, let’s say I come across an authentic Mickey Mouse figure – maybe it’s vintage, maybe it’s not – and I turn it into a snow globe. In my view, I’m not manufacturing the Disney licensed item from scratch, or doing any damage to the company’s reputation since I’m using one of its own — I’m merely giving an existing Disney toy a new way to be displayed by securing it to a base and then filling the cavity with water and snow. Infringement or not? Now let’s say I took it a step further and put a clear varnish on the figurine to help protect it from water damage? Or, what if I had to simply fix a chipped corner by dabbing a bit of paint on it first? How much, if any, of that would be illegal? I’m also curious to know if there’s any distinction made between doing something as a ‘hobby’ and selling it (maybe to just break even — no profit) vs. a full-fledged business. I realize this isn’t real ‘legal advice’ but I’m curious to know what the general consensus is on my question. Thanks!
So can get it trouble if I print a Frozen picture off my computer and iron it on to a tee shirt.
Well no, you can do it for personal use. You just can’t make money out of it
I am in the uk and do handmade crafts (not much and it is more to keep me busy as i am disable) and have bought some disney fabrics to add to my knitting blankets, but allthis copyright i have all this fabric in a box in the loft, because of all this copyright and not been able to do anything with it i will never buy anything disney, from fabrics, ribbons or even toys for the grandkids, Disney is a NO NO for me
People don’t seem to be getting the distinctions here. Anyone can make something from Disney whatever for themselves. No one who is not licensed by them can SELL or PROFIT FROM the sale of Disney characters in any way. On Etsy, you can legally sell a VINTAGE Disney item if it is over 20 years old, but you cannot alter it in any way, or use it to create something else. There is no issue of “the big guys” VS “the little guys.” Business is business. If you charge a fee, you are in business. This also extends to cartoons, movies, video games, songs, celebrities comic books, and any other product that someone designed for sale. I don’t know why anyone thinks they should be an exception based on the size of their business. These laws protect the small time designer as well as the “big guys.”
Kinzie, if you keep or give away the t shirt, no problem. If you sell it, problem.
May I suggest reading this…
http://www.tabberone.com/Trademarks/CopyrightLaw/LicensedFabric.shtml
Hi
I love to do crafts and wanted to sell some at a local art convention, quilt shows and on various websites; but after reading various articles about trademarks and copyrights on fabric, patterns and resulting items, I think I’ll stop buying anything that has the caveat “for non-commercial use” or any statements with similar intentions on it. That way I save my money; and tomorrow I will not go to a local store (I won’t use their name because I may be infringing on a copyright, trademark or something else) to buy any item in order to do my crafts!. That way nobody can be upset nor will there be a profit from me! I had planned to buy some yardages of a licensed fabrics and assorted other requirements to make some handcrafted items for a convention next year, a quilt show and for possible sale on a craft website!
There’s a lot of licensed fabrics out there, and since I am also a quilter and belong to two quilt guilds plus a sewing group, I’ll be sure to let the guild members know about the problems they could face when they buy anything to do with quilting!
Perhaps I am being ridiculous but fabric and all associated items, were put in a shop for people to purchase and make things for personal use, to give away as gifts and to sell!
I hadn’t planned to take credit for the licensed items but only for the item I made. ie “small bag made using name of licensed fabric”, or better still, just a price tag on the small bag!
There are numerous sites and forums out there giving false and/or misinformation. Reading what people post on Etsy about what they believe to be true is far from the truth. I have done my research and know the limits and regulations. I suggest anyone interested, do their own as well and not just believe what other people claim to be the law. I could write what I have found, but then someone would just believe what I say or attempt to troll, and cause more problems.
I totally agree with you and it may just save us a hassle. I think I will do the same.
How about Tattoos. Do you need a license to have one?
What if I buy licensed Disney fabric, can I still sell a handmade quilt that has that fabric on it?
If someone buys the material and supplies and I make them something that is trade marked and they give me a tip for sewing said item, Is that legal?
If I sell a a chain and say they can pick a pendant of their choice free of charge, is that infringing the copyright law?
I have been looking everywhere for Minion toys and there are not many. Obviously, they are too expensive or Disney does not want to give anyone a license for fear they will make some money on their movie characters.
This has me so angry with Disney by their actions, I will not see any of there future movies. Even if they are so-called popular!
Grant
You can’t really get angry at Disney for anything Minions since it’s not even a Disney movie.
Disney sucks blocking production of Minion toys.
I am done watching anything by Disney.
Ummm…Minions aren’t even Disney.
People will never cease to amaze me, how does anyone who runs a business not understand that if you don’t have a commercial license from Disney or any other copyrighted product and you are making sales, regardless if you are clearing a profit or not then you are breaking the law ! .
I read a very similar thread about an ebay shop that was selling t shirts using a font similar to that of SuperDry and received an official letter telling him to cease trading and to put a half page apology in a national paper, many pointed out that they themselves had copied the idea from the designs of early advertising including the font that Coca-Cola , baseball teams etc, so whilst some of you may think that you have a good argument when the lawyers come knocking on your door, if you do not have the recourses to fight them you will lose, so if anyone tries to cash in a something that is popular and copyrighted you do so at your own risk.
I do wonder how the likes of adidas, nike and countless other big companies bother with the little people just trying to earn a living when you have countries like Egypt and probably countless others where they have no copyright law and retailers have to pay yearly subscriptions to join a group of counterfeit manufacturers to buy fake good to sell to holidaymakers, my point being that countries like Egypt and china are much bigger players when it comes to producing mickey mouse goods, see even Mickey mouse has become synonymous with fake products, well here in the UK anyway, here is a little fact some of you may not know, I only know this to be true in Egypt but may be more widespread in the counterfeit industry, fakes products come in three qualities or standards, called 1st copy, 2nd copy, and 3rd copy, 1st copy meaning the same quality as the original, same materials etc, and obviously 3rd copy just being a cheap copy that will fall apart as soon as you are home, and retailers in Egypt will pay the equivalent to £20 sterling for a 1st copy t shirt. and £2 for 3rd copy
And if Disney is blocking production of Minion Toys then Universal Studios are going to be a bit miffed..
First Sale doctrine allows small home based businesses to use licensed fabrics to sew items for resale. Disney or whomever already got their cut from the sale the first time it was sold. Secondary seller cannot use trademarked terminology in any online listings, but selling the items they made IS legal. Selling an item that was ‘inspired by’ Disney is not legal. You cannot design an embroidery or stencil or whatever to make your own version of a copywriter character. Not saying Disney isn’t a giant Bully who goes after small home businesses, but nothing printed on the edge of fabric is a binding legal agreement.
Can you please point me to where I can verify this information? Or tell me where you got this from?
I’ve heard that it is not about an issue of copyright on a “licensed” fabric but rather a trademark infringement for selling something that has a trademarked Disney image. So that selling an item one has made from a fabric with Disney characters on it is not lawful because of trademark infringement of images and has nothing to do with First Sale doctrine or limitations printed on selvage.
someone painting a character of disney onto a bag or picture,
someone painting characters onto bags or pictures and wall murals and making money from this? is that classed as copyright to?
What about this scenario: You buy a licensed Disney toy figurine directly from Disney and, say, encapsulate it in a glass globe that can then hang on a holiday tree as an ornament? You’re not altering the figurine, except for gluing it in place within the globe. And you sell them. Legal or not?