Mickey Mouse and the whole Disney Characters thing!!!
For the past two days I have had a private email from a customer who is extremely concerned about the usage of the Mickey Mouse character on items for sale/personal use and of making the image of Mickey Mouse whether in quilts, or machine embroidery. According to her a well known machine embroidery forum has been in quite an argument over this issue for the past some while. I answered her privately upon which I received another query…how should she impart this knowledge to other ME enthusiasts on the particular board yet maintain her integrity. It seems if anyone voices an opinion contrary to what the majority thinks…then the messenger so to speak is shot! LOL.
Reality is that the head of Mickey Mouse is the “Trademark” of Disney. Not only is the mouse heavily guarded under copyright but the trademark infringement alone is “beaucoup bucks”. A famous case comes to mind when a Day care center used Mickey’s head as its logo on its walls. Disney descended heavily upon the center and the center had no choice but to remove. However, interestingly, Universal studios painted the wall for the center using other characters.
When one goes to purchase any Mickey Mouse fabric, one can see clearly on the selvedge, “NOT FOR RESALE”. That means that the selling store has the right only and no one can resell that piece of fabric again simply because they had in abundance. It is a bit confusing and quite challenging but my easy advice is….stay away from it. It is not worth it. Many years ago, I was attending a quilting seminar and one of the attendees was from New Zealand. She had brought several yards of Mickey Mouse fabric with her with full intention of selling. As my children were well into the Disney scene, I ventured to ask the price per yard but decided it was not worth it upon hearing the price ($22 yard). The organizer found out this detail and the lady from New Zealand was immediately asked to cease her selling and leave the show. No offence meant for New Zealand friends here, it could have been any one (nationality) selling. I was not aware at that time of the copyrights and trademarks and was quite upset for the lady especially since she had spent quite an amount in coming to the US for the show. It was only upon the kind instruction by several ladies that I understood and decided to look more into the matter later on. Ofcourse…that was quite some while back and then I discovered Machine embroidery!!
My email friend guided me to a well known Machine embroidery digitizer who is selling designs using the head of the Mickey Mouse character….OUCH! I’m sure by now the digitizer has heard of my response and who knows what this will bring. But, I would clearly advice any and all to please stay away from digitizing the Mickey head, even if it is just an outline. That outline is the trademark of Disney and it would not do well for any to try and disrespect by showcasing it in various other ways yet using the three round circles… Any designs with this trademark unless sold by the sanction of Disney is not only a copyright infringement but also a trademark infringement. Purchase of designs of Mickey from sanctioned digitizers can also only be used on personal items not on items for sale. My guess is the license for Mickey is quite high and I cannot imagine a home digitizer having the funds to carry it but then maybe I’m wrong. Maybe the digitizer has private funds and can afford the license….however, if I ever receive a license for any highly known concern, you can bet I would publish it on my website.
So friends there is the Mickey story….please don’t shoot the messenger.
So what your saying is that no one can make mickie even if its a freebie and for personsl use.
Inquiring Minds, Mickey is the soul of Disney and the logo for Disney. Since it is not just copyright to Disney but also is the trademark for Disney, therefore it carries a lot of weight where any infringement is concerned. The plain answer is NO. No, even as a freebie, Mickey Mouse cannot be digitized and given away as a freebie. I’m not sure about the infamous case whether it went to the Supreme court or not regarding the challenge to the “Sonny Bono extension” which extended a lot of Disney characters’ copyright another ten years but I do believe that where Mickey Mouse is concerned, it would be a long while before he would be ever in the public domain. Hope this helps. Hugs, Sadia
Word-for-word from a letter from an attorney dated July 12, 1999. Curious to see if you agree?
Mrs. Xxxxx:
My team and I have completed our research of the image in question (mouse outline made up of three joined circles). We have concluded that this image is not protected under any U.S. trademark or copyright laws. The outline of the mouse is ambiguous and lacks recognizable features, so therefore could imply any mouse form, not just one specific character. You cannot add any facial features to this outline that would make it identifiable as a character that is protected under trademark law. I recommend that you retain this letter should the need to verify your right to use the outline image ever arise. If you have any further questions, please feel free to contact my office at any time.
Alicia Xxxxx
My friend, you do not reveal the source therefore I have no way to understand whether this is a real letter from a real attorney or is it one made up. Please do not mind my language. Mickey mouse is made up of three distinct circles, one large and two small. This is the logo for Disney and not only it is a logo for Disney it is their trademark. I would advice looking up the mickey trademark and going on from there. Anywhere on Disneyland the three circles appear on even the tiniest of objects. I am not a rep for Disney but rather a friend to friends advicing on what can become a very large problem if pursued. My apologies if this does not suit you. Hugs, Sadia
If the mouse is not allowd to be used why display it anywhere, it should be under lock and key in a vault, instead it is infiltrated into our minds corupting our thoughts and feelings infringing on our rights so in the long run who is being used, the mouse or us? We are just puppets in the mouses hands and the law protects this fictional charactor, give me a break! Please we are infected from the age of 1 on up to adults than told we can’t draw paint embroider whatever the thing is. Thats like watching wealth grow in a bank than having the bank say sorry your never allowed to use this money you didn’t read the fine print, its in the agreement.
Oh Johny….draw something better and maybe the wealth will accumulate in your bank. Then, you can draw up your own fine print for those who want to embroider your design and make some moolah.