Over/under on the first mickey mouse suspension post on NSFE

With the whole public domain mickey mouse thing, I can say with certainty that there will be people who don’t understand the law that will make infringing products, and I can also say with certainty that Disney will sue them.

I think we’ll see the first NSFE post complaining they got suspended for Disney copyright infringement (and thinking that they had the right to use what they did) at the end of February.

Probably. It’s a shame that a little research would clear things up for them, showing it’s not “Disney” but some of the characters … specifically black-and-white Disney characters (Steamboat Willie’ Mickey, Minnie, Tigger) strictly as they appear in the 1928 animated short film “Steamboat Willie,” as well as that year’s silent version of the short film “Plane Crazy.”. Nothing in color!

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I’ve actually been thinking about putting up a post on the NSFE …

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It’ll also be people who make stuff that’s in a grey area, which disney will certainly sue for. There’s a lot of people who don’t realize just how aggressive they are with lawsuits. It’s a big company who’s only asset is IP and they spend a lot of money to aggressively defend it.

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About 25 yrs ago they sent a C&D letter to my mom … for making custom cut and carve candles with a large cut out for a character. They were pretty cool, but Disney didn’t like it.

She kept making them and dad fought with them until they finally left them alone.

She made and sold enough that they actually rented a storefront in a Cincinnati mall for a couple years until it was to much for mom to continue.

ETA - She made all kinds with Disney characters, Hot Wheels, Music, etc.

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Was the character actually on the product? Or just a blank canvas, so to speak?

That’d be pretty nuts if the C&D’s basis was the end user/buyer could turn it into an infringing product.

I kept a damaged one …


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Disney’s legal beagles paid particular attention to such decisions as Mallinckrodt v. Medipart.

It has run with that position ever since (no surprise, there, because as you mention upthread, Disney’s IP is the primary foundation of its century-long history of success, and Roy’s legacy is just as pervasive as is Walt’s).

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I’m kind of surprised they didn’t go full nuclear with a lawsuit on that.

This is the company that threatened to sue a school if they didn’t pay a licensing fee for showing a movie at a PTA meeting

The school was in the wrong here, but normally legal departments use some discretion when deciding whether or not to go after someone, and something like a school fundraiser is where they let things like this slide.

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After the whole Disney VS Daycare center, Disney tends to pick it’s battles with paintings and hand made stuff.

Showing movies on the other hand, every studio goes after public performances

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The school didn’t change anything. They used the movie itself.

My parents claimed “Transformative” by putting them on a candle, which was the base product, and were eventually left alone.

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This is the giant difference that would have won you a court case

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Bear in mind the adage “No good deed goes unpunished.” :smile:

But seriously, if it even keeps one knucklehead from getting into a bog, good on ya’.

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I know someone on the handmade side of the forum last week had a thread about Mickey.

I don’t know if I am right, but even if you could use the image of steamboat Willie, you couldn’t use the name Mickey Mouse to describe your item because trademark/copyright.

I highly doubt buyers are searching for steamboat Willie :joy:.

I have always had the opinion that if you can’t sell your product without someone else’s IP then is your product a product worth trying to sell. Like if your product can’t stand in its own two legs then maybe it shouldn’t exist or don’t be surprised if you don’t make a ton of money or something lol.

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Legal or not, If you use Mickey Mouse in your item title the Amabots will probably just suspend you anyway.

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Do it.

Give the Good Samaritans something to link to.

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Bingo

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I’m old and cranky. I believe in Darwin Awards being given to people that do dumb stuff.

I’ve got battle scars enough from my own dumb decisions so I figure they need to learn on the fly. Study first, list later.

And, yes, I have been told that I’m not very nice (numerous times).

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