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Old 08-06-2010, 10:30 PM
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Default Question about Disney copyright

Ok, girls - I am not a designer! I am just a scrapper.
Just want to make that clear up front!!!
My question is:
Is there any copyright infringement by making a mickey head for my own personal use on my own layout?

Because I had a certain scrap store delete my page that had mickey heads and a mickey head frame on it that I made myself - strictly for my own use. (I did not distribute anything.)
You can see the page here:



Tell me what you know!
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Last edited by agrievingmommy; 08-06-2010 at 10:36 PM.
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Old 08-07-2010, 01:34 AM
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Denise - the problem isn't that you made it, and are using it for your own personal use. The problem starts when you "publish" your page - then, technically , you are using a known trademarked & copyrighted image without permission. Disney holds all rights to even that just plain black head and ears. A symbol such as that is called a 'service mark' - a well known symbol/logo that is identified with a particular brand or service...in this case, Disney. So - yeah...I can see why the store would have removed your page (which is very cute!). The reasoning for that is that the store would be in just as much trouble as you if they left it up. Disney has and will go after people for these kinds of violations.

Back where I come from originally - Beloit, Wisconsin - there WAS a bar that had been in business since the early 30's (right after prohibition ended) named "The Mickey Mouse". There was a hand painted image of Mickey on the front sign, along with the name of the bar. They were/are famous for their Friday Nite Fish Fry - and one night back in the late '80's, a couple from California stopped in on a Friday nite to have the fish dinner. They thought the name was cute...took pictures....and when they got back home, had them developed. I don't remember how exactly, but someone from Disney saw those photo's....and Disney SUED the bar for copyrighted image use and trademark infringement. The owner almost lost his shirt...all images of Mickey had to be removed...and the name was changed to "The Mouse". Fifty years of business and tradition out the window because someone came in for dinner.

I know it doesn't make sense that you could make that page, keep it on your computer or print it out and keep it in an album.....and you would be ok. But the minute you 'publish' it...which is exactly what its called when you upload it to a gallery - THEN you are claiming copyrighted Disney images as your own. The store that has the gallery you uploaded it to is liable also for hosting your image in its gallery. Thats why they took it out.
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Old 08-07-2010, 04:49 AM
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Denise, your page is darling. LOVE everything you did here.

Kim, what a sad yet interesting story.
Here is some Disney History.

What is really sad, is the 'mouse' has made tons of money off many many people, and would get all huffy over the use of 3 circles.

Just maybe, one day -- no one will show up at any of the parks.
m
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Old 08-07-2010, 08:06 AM
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hmmm, so what about hybrid?? I have tons of Disney paper scrappin stuff that I have purchased. If I put that on my page and scan my page or photograph it or whatever, then is it using a known trademarked & copyrighted image without permission? Does any right come with purchasing the product?
This is a bit crazy to me - I'm not selling anything. I just want to scrap cute pages and we are Disney fanatics and love hidden mickeys so I like to include that on my page. And it's crazy that I can't share my pages with others to see.
I wish Disney would just hop on the digital scrapbooking bandwagon already and start licensing someone to sell digital downloads - but even then I wonder if their tou's would allow uploading to galleries.
I know they have with Creative Memories - hmmmmmm - what about with CM being a licensed dealer? If you purchase your digital products from them, can you upload to galleries? Anyone a CM seller? What do the CM Disney stuff tou say? Anyone know????
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Last edited by agrievingmommy; 08-07-2010 at 08:40 AM.
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Old 08-07-2010, 08:29 AM
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You can scan or photograph your completed traditional or hybrid layout using Disney (or other copyrighted) material to post in your online gallery or photo sharing sites.
However, what you can't do, is scan your purchased Disney, or any other, scrapbooking supplies and use them on your digital layouts. The 'license' you get when you purchase the supplies is for single use.
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Old 08-07-2010, 08:59 AM
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If that's true, then how are the DIS boards still open? They use the ears, pictures of the parks, and people share the photographs they've taken in the park and also the scrapbook pages and crafts they've made. It's the largest Disney forum and is not affiliated with Disney.
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Old 08-07-2010, 12:13 PM
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I have no idea what they do at DIS, I wasn't able to see anything that looked like copyright violations to me. But I didn't take too much time to really explore there. As I said above, you can scan your traditional layouts, share your Disney photos, etc. What you can't do is scan purchased Disney scrapbook elements and use them on your digital layouts. Purchasing the item gives you a one-time use license. What makes sense to me, is when going to Disneyland or Walt Disney World, take photos of signs, characters, etc, and use those photos for embellishments if that's the design direction you want to go. For your personal non-published layouts, you can pretty much do whatever you want to do. I don't think the Disney police will come confiscate your scrapbook. But if you plan on having it commercially printed, or post it online, you need to be careful. Here's a Disney layout I did, that I don't think violates any copyrights. (keeping my fingers crossed!)
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Old 08-07-2010, 12:38 PM
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Always love browsing the layouts on your blog Stef! You have a keen sense of graphic design~
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Old 08-07-2010, 08:03 PM
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Quote:
Originally Posted by Microferk ~ Miki Ferkul View Post
Always love browsing the layouts on your blog Stef! You have a keen sense of graphic design~
That is so true!
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Old 08-07-2010, 10:06 PM
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Quote:
Originally Posted by Microferk ~ Miki Ferkul View Post
Always love browsing the layouts on your blog Stef! You have a keen sense of graphic design~
Thanks Miki & Chris, so sweet!
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