Disney’s IP and Trademark Infringement

Can Disney’s intellectual property be used and/or licensed for personal use?

It is no secret that Disney takes infringement upon their trademark exceptionally seriously. Disney has registered copyrights and trademarks to protect their beloved fictional characters, as well as their brand name. In order to use any kind of representation of a Disney character, one must request permission from Disney Enterprises, Inc. Due to the capacity of Disney and its characters, Disney Enterprise has branched off into multiple entities to cover different areas of Disney’s copyrights and trademarks.

To find a list of which characters are controlled by which entity, you can visit the Disney website. Information on requesting permission to use the characters can be found in the same location on the website. Keep in mind, though, if you have any plans of using the characters or names in any way for long-term use, you may be required to obtain a licensing agreement. The agreement will include fees for using the characters. Also, it needs to be noted, Disney can decline all requests for permission of use.

Is there a way around the intellectual property laws?

Luckily, there are loopholes in this method. Disney characters can be used as “Fair Use,” so long as your defense is proven, the characters and/or names are used for a limited and transformative purpose. This means that if the use is for you to comment on, criticize, or parody, fair use can be claimed. You can also legally use Disney characters under the Transformative Use Law. This law provides an alternative use by altering the characters to ensure it is not an identical copy. The results must represent work that cannot be derivative. Overall, Disney has created thorough protection on their brand.

What is included in Disney’s intellectual property?

Not to be forgotten is Disney’s Anti- Piracy Clause. This clause states Disney owns all intellectual property rights to the characters, brands, titles, and properties popularly associated with the Disney name and any of Disney’s affiliates. This clause also includes titles, television programs, feature-length motion pictures, animated productions, music, and games. Disney has created these policies in order to provide quality entertainment that measures the expectations of its customers and prevents their brand from becoming diluted.

For more information on Child Custody and Access click to read more at Wilson Legal Group P.C.'s firm page.

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All information and summaries are intended as informational only regarding legal trends and news. Nothing should be taken as legal advice or legal opinion and readers should seek out advice from legal counsel prior to acting on information provided by this blog.

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