My friend loves disney so I was thinking of doing a mickey/minnie wallhanging for her wedding, I found a picture that I like that I want to base my quilt off of. If I am not mass producing or making it to sell can I still use the picture

will be watching for an answer.

I'm not sure but it sounds cute.

~shrug~ How can they stop you?

I'm not positive, but I think you can use the image as a gift, without selling or mass producing it.

With Disney yes you can.

If you check the www.disboard.com you will see that posted in the artwork forum.

Yep if you are gifting the item and not selling or being compensated for it it you're fine.

Disney is touchy..they can't do anything if your giving it as a gift..if it's your design of something they did..don't post it here and call it Mickey Mouse..lol..just say.. gift for a friend..that's what the NFL told me years ago over Super Bowl sweats I made someone and a lady complained to them..they said I could make anything I wanted..just couldn't advertise it as a Super Bowl sweat for sale..then ask me if I was interested in a licence from them ($10,00.00) good for 5 years.. I think you probably don't want to know what I told them they could do with that licence..lol..!!

Disney owns the rights to copy (or not copy) any of their intellectual property. Hence the term "copyright."

It has nothing to do with whether you intend to keep it yourself, give it away or sell it. Disney owns the right to decide whether or not to copy a given piece of intellectual property.

Of course, the question is whether Disney can catch you in order to issue the cease and desist letter or take you to court. Realistically, it is unlikely but not completely impossible for someone to report your creation to Disney.

So in pragmatic terms, it comes down to your own ethical judgment. Do you feel okay doing something illegal and giving it as a gift?

If I sound a little grumpy about this, it is because I am an author (in a field unrelated to crafts) and have been ripped off many times. The people who have ripped me off would probably never dream of walking into my home, opening my purse and taking money out of it. But they are apparently okay with doing the equivalent with my intellectual property. My own personal (and probably biased) view is that theft is theft, whether it is the money from my purse or my intellectual property.

One legal way would be to write to Disney and ask for permission. Another legal way would be to buy a licensed Disney product that is close to what you want.

I never thought of it that way..your right..my issue with the NFL.. was it was my design..their issue was the wording(Super Bowl) now if you buy Disney fabric then make something..is that the same..you already paid for the right to use it? I know you can ask them..I e-mailed Ricky Tims and he was a doll about using his stuff for a class..so maybe she should check into it more !!

So all the NFL wanted was for you to either cease using the words "Super Bowl" (which is actually trademarked rather than copyrighted) or buy their license in order to use them.

The problem for trademark holders is that if they do not go after every single violation of their trademark that they become aware of, then they are at risk of losing their trademark altogether. That requirement forces "big guys" like big corporations or famous authors like J.K.Rowling to act like heavies because they must pursue every violation they become aware of, no matter how trivial.

I am not a lawyer, just a grumpy author who was forced to learn about copyright. I may well have misunderstood what the lawyer I consulted meant or have misapplied the principles in law.

With that said, though, I believe that if you take a fabric with a design licensed by Disney, use it to make a quilt and then give that quilt away, you're fine. That is akin to buying a book and then giving it to another person. No actual proliferation of copies has occurred. That single object (length of fabric or book) has not been used to generate more copies; it exists as a single copy and has been passed along in that form.

In other words, you don't have to pay twice for one copy. And in fact, fair use says that you can make a xerox of part of a copy (say, a pattern out of a book or magazine) for your own personal use only. If you then sell that book or magazine, though, you have to either include the copy you made for personal use or destroy it. You cannot legally sell the original and keep a copy that you made for your own personal use.

I think people can really over think and worry about nothing. Make the wallhanging for your friend. Just don't make a hundred and try to sell them.

Ditto!!!

when you purchase a licensed item you are allowed to use it---without fear= but along with what our (grumpy author) has stated- you can not profit from it- you also can not publish it...which means you could get into trouble posting pictures---you may not- but you could-
its like going to a museum-taking pictures of the works- then posting the pictures somewhere else---without permission---
the PERMISSIION part is the key here=
it really is not a difficult step to obtain permission- even from Disney- yes they are strict about (the rules) but they also do give permission when the proper steps are taken to obtain it.
go to their main web site- and send a letter- telling them what you plan to do-
they will tell you (in your case)--you CAN NOT COPY A PICTURE LICENSED BY DISNEY- AND USE IT FOR YOUR PROJECT- YOU CAN HOWEVER BUY A PICTURE AND USE IT IN ANY WAY YOU WANT AS LONG AS YOU DO NOT SELL/PROFIT FROM IT-
THE KEY HERE IS YOUR PLAN TO COPY SOMETHING---YOU CAN GO BUY DISNEY FABRIC, YOU CAN BUY DISNEY-WHAT EVER----YOU CAN NOT COPY A DISNEY IMAGE THAT SOMEONE ELSE HAS PAID FOR
COPY NEEDS PERMISSION

Make it and give it to your friend. I have another small business pouring and selling candles. You can buy Coke glasses and use them to drink out of...but DON'T pour candles in them and take them to a craft show or you can get a cease and desist from Coca Cola IF someone reports you or if the "candle police" are there.

Similar thing happened to a woman who owned a consignment shop where I sold my candles. She and her hubby made a lot of Penn State stuff and sold it in their shop. They made a huge mistake of taking it to PS when tailgating before a game and were selling it in the parking lot. They were "visited" by some people from PSU who told them to pack it up. If they did not they would be "escorted" out of the parking lot.

Penn State sells licensed fabric that I used to make my grandaughter who is starting there 8/22...a tote purse. That is okay...but...if she makes 100 new friends and they all want one like it I am not allowed to mass produce and sell them. Although I know a woman (now deceased) that used to make stadium blankets out of every team fabric out there and sold them at flea markets and craft shows and NEVER got in trouble. A friend of hers makes pillows and aprons out of NASCAR fabrics and all sports fabrics and does craft shows etc. and has never had a problem. I bought an apron from her...knowing she isn't supposed to be doing this...but I'll let someone else tell her. lol

Here is a good link on copyright fair use:

http://www.umuc.edu/library/libhow/c...use_definition

I think you're fine. You're not trying to sell or make a profit, you're using it for artistic purposes and in a different medium than the original.

I am amazed at how these companies protect their trademarks but I guess I see why. Here is my experience. I made an M & M quilt several years ago because I collect M&M collectibles. I did not use M&M fabric but I made appliques all the way around that look like M&M people. I entered it in strawberry festival and the organizers asked if I have permission to use a registered trademark. So I wrote to M & M. WOW I never bought an M&M collectible after that. I wrote explaning how I made it and included a picture. I figured at best maybe and ok and at worse a no go. What I got back was a letter that never mentioned thanks for asking, sorry no, etc. It was flat out, you've infringed on our copyright and if I continued I would be prosecuted. I then 2 weeks later received a letter from corp atty saying they would sue me if I displayed quilt in a public venue and ask I destroy it. I did not I gave to my niece butr I got the drift.

If it is a one time gift or for personal use I don't even bother enough to think about copyrights.

A customer asked us to make a window with her alma mater's logo in it. It was a Big Ten school. Since we were going to be paid to duplicate it we insisted that she write the school, get permission in writing for us.

The school gave permission for us to make the one panel for the student. Everyone was happy.