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Thread: Question about using characters (Tinkerbell, Elmo, Cookie Monster ect..)

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    Question about using characters (Tinkerbell, Elmo, Cookie Monster ect..)

    I finally invested my time in finally learning how to use digital backdrops. I mainly focus on newborn, baby, child, and family photography.
    I have been scouring the internet trying to find digital images that I want to use in my pictures, but I am having a hard time finding some of the characters that my clients want (Tinkerbell, Elmo, Cookie monster, ect...) with their children that I can purchase and use legally.
    My question is: can I use a picture if I give credit to Disney for that character? I'll post a picture of what I'm talking about... (I did this quickly, so I know that the hair is badly keyed)




    So if I were to print on the bottom of this picture somthing like "Tinkerbell character is the property of Disney," (I would find better wording), would it be ok to use images that I find from download sites?

    I know, I shouldn't ask legal questions on a photography forum... but I thought if someone already had experience with this, it would be helpful. I have sent an inquery to Disney as well asking if they have any type of digital photo software I can purchase to use with my pictures, I'm just hoping to hear back from them. Until then, I thought I'd ask the question here.

    Also, if someone knows of a place where I can purchase these kid friendly characters to use in my photography, I would certainly appreciate a point in the right direction!



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    Quote Originally Posted by Rebekah5280 View Post
    ...........My question is: can I use a picture if I give credit to Disney for that character?.......
    No.
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    Quote Originally Posted by 480sparky View Post
    Quote Originally Posted by Rebekah5280 View Post
    ...........My question is: can I use a picture if I give credit to Disney for that character?.......
    No.
    U.S. Copyright Office

    U.S. Copyright Office - Fair Use
    There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
    . . . . . . Keith . . . . . . .How Do I Use My Digital SLR?...
    Photography is at its core an attempt to represent the reality of light in a media that canít faithfully reproduce it.

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    Actually a physical representation of a Character would be "Trademarked" but I know you know that.
    a literary reference to a Character would be copyright

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    So if I wanted to use these character's, I would need to get permission from Disney, or someone who has the right to sell images to me. That would be the only way I could legally use these images, right?

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    Correct

    Or you could look for Characters that are in the Public Domain and have no secondary association (legal mumbo jumbo) but then the Charcaters that kids want these days, probably aren't in the public domain

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    Yeah, I have other Characters that I can use, but its Tinkerbell, Cookie Monster, Hello Kitty, Spiderman, ect... that the kiddos/parents want.

    Thank you for the feedback. You pretty much just confirmed what I was already thinking.

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    Disney has been known to come down hard on people who use their images without permisssion. And it's my understanding that they don't give permission for free either.
    Scott Craig - Nashville, TN - Nikon D7100, D7000, D90, D60
    My web site: Tennessee in Photographs

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    I'm willing to pay.. depending on what they want to charge me that is.. lol

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    Quote Originally Posted by Rebekah5280 View Post
    I'm willing to pay.. depending on what they want to charge me that is.. lol
    I seriously doubt you're that wealthy.
    I see dead pixels!
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    Quote Originally Posted by Bitter Jeweler View Post
    I wonder if Snopes has permission to use Minnie on their web site.
    I see dead pixels!
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    Editorial use

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    Quote Originally Posted by Rebekah5280 View Post
    I'm willing to pay.. depending on what they want to charge me that is.. lol
    Can't hurt to contact them, describe what you want to do, and ask what it would cost you to do it.

    Here's the contact info: https://licensing.disney.com/Home/di...false&region=0

    After all, you can't take the chance and do it without a license agreement with them. If you doubt that they take their copyrights serisously, check this out:

    Willful Infringement: Mickey and Me : Free Download & Streaming : Internet Archive

    Maybe it's too expensive to consider, but then again, maybe it's not. There's only one way to find out.

    Make contact, and let us know what happens!
    Rebekah5280 likes this.
    Your honest C&C is always welcome and appreciated. For those with such interests: My Gear
    "Photography's never been merely about photographing what you could see; it's always been about photographing what you wanted to see." ~ Ctein
    Life is like photography... FOCUS on what's important, CAPTURE the good times, DEVELOP from the negatives, and if things don't work out, TAKE ANOTHER SHOT!!!

 

 

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