Can I draw Disney characters and sell them?
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.
Permission to Use Disney Characters
In order to use the characters legally, you must request permission from Disney Enterprises. Multiple corporate entities of Disney own many of the intellectual property rights of Disney characters.
The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.
Any commercial use of a copyrighted cartoon character without permission of the copyright holder is a violation of law. This includes the sale of any drawings or art works, either by themselves or in some other form such as on a T-shirt, team logo, advertisem*nt, billboard, or promotional design.
5 attorney answers
It would be illegal for you to accept compensation for violating copyright law (and trademark law) by creating drawings of copyrighted characters. If you do so, you are engaging in direct, willful, illegal copyright infringement.
Rapunzel, Snow White, and Cinderella.
They are now in the public domain and can be used freely. Of course, you can't use the Disney's retelling of the stories. If you are curious, the Brothers Grimm are also responsible for recording many other stories.
In order to use Disney's characters, you must first get their permission. Legal Zoom says: “One way to legally use Disney characters is by getting permission to use them from Disney Enterprises. A variety of Disney corporate entities own the intellectual property rights to Disney characters.
Can I sell Disney art on Etsy? You cannot sell Disney art on Etsy. Disney is the copyright owner / copyright holder for all Disney images, logos, names, etc.
Disney's intake form will direct you to DecoPac, the licensed company. Set up an account with them and if you want, say, an image from "Frozen," you pay for the right to use it. The intake-form links on Disney's licensing website can steer you to some of the licensees.
As a general rule, fan art is illegal to sell on Etsy or anywhere else if the seller doesn't have the proper legal permission from the copyright and trademark.
Can you get sued for using a cartoon character?
Registration is the first step to filing suit for copyright infringement. Registering a cartoon within three months of its date of publish, lets creators also sue for statutory damages and attorney's fees.
Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works and Compilations.
One-of-a-kind, original drawings and paintings are legal. Since everyone does it, copyright holders must not care. If I only sell fan art at conventions, and not online or in stores, it is okay. If I'm not making a profit from my fan art, it is legal to draw someone else's characters.
Is fan art legal? Most fan art work is probably not legally permitted, and most likely infringes on someone's copyright. That said, much of the legality of fans' work is up to the person or company who owns the original work (such as Disney).
While it is legal to create fan art, distributing and selling it is illegal (copyright infringement) and may invoke copyright lawsuits. While most creators will not go after every fan art creator with a lawsuit, it is important to know you're breaking the law by selling an idea that isn't original.
Cinderella is a story that is in the public domain (much like most all Disney works.)
No, you can't use any mark that is confusingly similar to a protected mark. In this case you say your mark would be similar to Disney's Mickey.
As a rule of thumb, you can mention trademarked items, have characters visit there etc - so long as you don't say anything untrue or defamatory. To set an entire story in a Disney-owned trademark - probably not wise.
If Etsy notifies you that you've been accused of copyright infringement, you'll receive an email from Etsy. That email will include a link to a form that you can use to file a counter notice. (This all happens according to a process laid by the Digital Millennium Copyright Act, or the DMCA).
Avoid Copyright and Trademark infringement when selling on Etsy
Is Disney cracking down on Etsy?
Disney has now started issuing takedown notices, reminding Etsy that it owns the intellectual property rights to "Yoda" and other Star Wars terms, The Verge reported on Friday.
To apply for all programs, you will have to fill out the online application to create a profile. Please visit the official WDAS website at www.disneyanimation.com and click “Careers” to create a profile and confirm application deadlines.
- Determine if permission is needed.
- Identify the owner.
- Identify the rights needed.
- Contact the owner and negotiate whether payment is required.
- Get your permission agreement in writing.
Reports that Disney was on the verge of losing the rights to Mickey Mouse emerged last week, but while an early version of Mickey will move to the public domain in 2024, the current version of the beloved character will continue to be protected.
The main way to get permission to sell fan art is to obtain a license from the copyright holder. For most artists who create fan art and do not expect to have the volumes of sales to support the cost of a license there is also the option of paying royalties through a site such as RedBubble.com.
Can You Legally Make and Sell Harry Potter Related Products? No, absolutely not. Everything Harry Potter is well protected with multiple trademarks that are owned by Warner Brothers Entertainment. In fact, it's difficult to find something related to Harry Potter that isn't trademarked.
Almost NONE of the Star Wars or Marvel Comics characters will fall into this category. Most are currently “owned” by Disney which guards it's trademarks rigorously and could for sure cause problems if you get a cease and desist or trademark infringement through Etsy.
No, it is not legal. You can't use an actual Disney image nor can you use an artist's rendering without the express written permission of Disney, Inc. or the proper company holder of the copyright for that character. It doesn't matter whether you...
It is legal to sell fan art if you get permission from the original copyright owner. Fanart does not meet the requirements of the fair use act, and you may get into legal trouble for making and selling fan art without permission from theowner of the intellectual property in question.
No, you can't use any mark that is confusingly similar to a protected mark. In this case you say your mark would be similar to Disney's Mickey.
Can I draw Mickey Mouse?
How-To Draw Mickey Mouse - Contemporary - YouTube
Disney's intake form will direct you to DecoPac, the licensed company. Set up an account with them and if you want, say, an image from "Frozen," you pay for the right to use it. The intake-form links on Disney's licensing website can steer you to some of the licensees.
You cannot sell Disney art on Etsy. Disney is the copyright owner / copyright holder for all Disney images, logos, names, etc. A lot of people believe it isn't an infringement issue to sell products that incorporate Disney characters or use a Disney character's name in their product name.
Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works and Compilations.
Michael J. Thomas. The Snoopy image is a copyright property. If downloads without permission are tracked by the copyright owner, as is done by Getty Images and CEG TEK, then you'll receive an offer to pay as an infringer.
You can sell a fine art painting of a celebrity as long as it is a transformative work of art. This means it needs to be artistic in nature, not just a faithful likeness. The painting cannot copy an existing work of art (including a photo), and cannot interfere with a celebrity's “right of publicity”.
As a general rule, fan art is illegal to sell on Etsy or anywhere else if the seller doesn't have the proper legal permission from the copyright and trademark.
You cannot legally make and sell any product with Disney lyrics, quotes, or characters on it without permission from The Walt Disney World Company.
The Walt Disney Company has become a conglomerate empire by acquiring Marvel superheroes and the Star Wars franchise, and it's always been strict about copyright infringement. Copyright laws in the United States, especially the Digital Millennium Copyright Act (DMCA), are not to be trifled with.
