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

Discussion in 'Photographic Discussions' started by Rebekah5280, Jan 14, 2012.

  1. Rebekah5280
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    Rebekah5280 New Member

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    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)


    [​IMG]

    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!
  2. 480sparky
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    480sparky Chief Free Electron Relocator

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    No.
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  3. KmH
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    KmH Helping photographers learn to fish

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    U.S. Copyright Office

  4. Rephargotohp
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    Rephargotohp New Member

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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
  5. Rebekah5280
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    Rebekah5280 New Member

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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?
  6. Rephargotohp
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    Rephargotohp New Member

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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
  7. Rebekah5280
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    Rebekah5280 New Member

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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.
  8. SCraig
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    SCraig Well-Known Member

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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.
  9. Rebekah5280
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    Rebekah5280 New Member

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    I'm willing to pay.. depending on what they want to charge me that is.. lol
  10. 480sparky
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    480sparky Chief Free Electron Relocator

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    I seriously doubt you're that wealthy.
  11. Bitter Jeweler
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    Bitter Jeweler Well-Known Member

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  12. 480sparky
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    480sparky Chief Free Electron Relocator

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  13. Rephargotohp
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    Rephargotohp New Member

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    Editorial use
  14. Buckster
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    Buckster New Member

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    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/d...rint=false&language=en&preview=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!
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